MICHALIC v. CLEVELAND TANKERS, INC.

No. 13580.

271 F.2d 194 (1959)

Thomas S. MICHALIC, Plaintiff-Appellant, v. CLEVELAND TANKERS, INC., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

October 29, 1959.


Attorney(s) appearing for the Case

Harvey Goldstein, New York City (S. Eldridge Sampliner, Cleveland, Ohio, on the brief), for appellant.

Lucian Y. Ray, Cleveland, Ohio (of McCreary, Hinslea & Ray, Cleveland, Ohio, on the brief), for appellee.

Before SIMONS and ALLEN, Circuit Judges, and O'SULLIVAN, District Judge.


PER CURIAM.

This action by a seaman, under the Jones Act (Title 46 U.S.C.A. § 688), concluded by the District Judge's direction to a jury to return a verdict of no cause of action. The propriety of such direction is the matter here for review.

For some years prior to December 28, 1955, plaintiff had been suffering from Buerger's disease. In 1951 he was hospitalized from an injury consequent upon dropping a sack of cement on his foot, although which foot...

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