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DONOVAN v. ESSO SHIPPING COMPANY

No. 12424.

259 F.2d 65 (1958)

Daniel J. DONOVAN, Appellant, v. ESSO SHIPPING COMPANY.

United States Court of Appeals Third Circuit.

Decided August 7, 1958.

Rehearing Denied September 17, 1958.

Attorney(s) appearing for the Case

Francis M. McInerney, Jersey City, N. J., for appellant.

Walter X. Connor, New York City (Stryker, Tams & Horner, Newark, N. J., Kirlin, Campbell & Keating, New York City, on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

STALEY, Circuit Judge.

The strait of Kill van Kull separates Staten Island from the mainland. In navigable waters in or near that strait, appellant seaman Daniel J. Donovan was seriously injured on the morning of February 5, 1954, while working aboard the tanker Esso Binghamton. The vessel was owned by appellee Esso Shipping Company, a Delaware corporation. Appellant Donovan was a resident of New Jersey.

The first issue is whether appellant's injuries were...

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