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RIOS v. THE FLYING CLOUD

182 F.Supp. 241 (1959)

Maximino Rodriguez RIOS, Libelant, v. Steamship THE FLYING CLOUD, her engines, boilers, etc. and Isbrandtsen Co., Inc., Respondents.

United States District Court S. D. New York.

On Reargument June 15, 1959.

Attorney(s) appearing for the Case

Jerome Golenbock, New York City, for libelant, Donald S. Sherwood, New York City, of counsel.

Dougherty, Ryan & Mahoney, New York City, for respondents, Robert J. Giuffra, New York City, of counsel.

PALMIERI, District Judge.

To the extent that respondent's exceptions are addressed to the claim for unseaworthiness, they are overruled for the reasons set forth in the Court's Memorandum Opinion of this date, overruling respondent's exceptions in Hernandez v. The Flying Arrow, D.C., 181 F.Supp. 951.

With respect to the claim for negligence, however, something more must be said. The libel filed on December

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