FARLEY v. UNITED STATES

No. 15221.

252 F.2d 85 (1958)

John FARLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 6, 1958.


Attorney(s) appearing for the Case

Williams & Alley, Portland, Or., for appellant.

C. E. Luckey, U. S. Atty., Krause, Evans & Lindsay, Portland, Or., for appellee.

Before HEALY, POPE and CHAMBERS, Circuit Judges.


CHAMBERS, Circuit Judge.

Farley, an engineer on the S. S. Augustin Daly, on the night of April 5-6, 1952, momentarily was standing in a launch alongside the ship. One Potts, assistant cook, was ascending the pilot ladder from the launch to the main deck. Potts had been drinking intoxicating liquors and was climbing the ladder, one bottle of his beverage under his left arm and a second in his right hand. No mean feat, if he could have accomplished it — but he...

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