HANDLEY v. UNITED STATES


157 F.Supp. 616 (1958)

John J. HANDLEY, Libellant, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

January 9, 1958.


Attorney(s) appearing for the Case

George J. Engelman, New York City, for libellant.

Paul W. Williams, U. S. Atty. for Southern District of New York, New York City, by Dougherty, Ryan & Mahoney, New York City, Lawrence J. Mahoney, New York City, of counsel, for respondent.


DAWSON, District Judge.

This action, tried by the Court without a jury, involves a claim for damages by libellant, a Merchant Marine officer, who claims he was stabbed by a fellow-officer on October 1, 1952. Libellant elected at the trial to proceed on the theory of unseaworthiness rather than negligence, contending that respondent breached its "absolute duty to the libellant to provide him with a seaworthy vessel, manned with officers and crew equal in seamanship...

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