SELBY v. UNITED STATES


161 F.Supp. 689 (1958)

Hubert N. SELBY, Jr., Libelant, v. UNITED STATES of America, Respondent.

United States District Court E. D. New York.

May 9, 1958.


Attorney(s) appearing for the Case

Kupfer & Levine, New York City, for libelant, by Jacob Rassner, New York City, Advocate.

Cornelius W. Wickersham, Jr., U. S. Atty., for the Eastern District of New York, Brooklyn, N. Y., by Gay & Behrens, New York City, of counsel, Edward J. Behrens, New York City, Advocate.


BYERS, Chief Judge.

This libelant seeks a decree to recover damages in a Jones Act case, 46 U.S.C.A. § 688, because, as he alleges, of having been "exposed to contagion and illness" while serving as an oiler on the S. S. Rockland Victory (to be called Rockland) owned, managed, operated and controlled by the respondent.

It is understood from the libel, the testimony, and the briefs, that reliance is had upon the theory that libelant became tubercular on...

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