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McDANIEL v. THE M/S LISHOLT

No. 330, Docket 26138.

282 F.2d 816 (1960)

James E. McDANIEL, Libelant-Appellant, v. THE M/S LISHOLT, her engines, etc., and A/S Lise, her owner, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided September 22, 1960.

Attorney(s) appearing for the Case

Hugh S. Williamson, of Maclay, Morgan & Williams, New York City (William I. Stoddard, of Maclay, Morgan & Williams, New York City, on the brief), for libelant-appellant.

Francis X. Byrn, of Haight, Gardner, Poor & Havens, New York City (James M. Estabrook and Thomas F. Molanphy, of Haight, Gardner, Poor & Havens, New York City, on the brief), for respondent-appellee.

Before CLARK, MOORE, and FRIENDLY, Circuit Judges.

CLARK, Circuit Judge.

On the previous appeal of this case this court held that respondent was not under a duty to provide a seaworthy ship to libelant, a shore-based fireman, and that its only duty to libelant, whose status aboard the ship was that of a licensee, was to refrain from willful or wanton negligence. McDaniel v. The M/S Lisholt, 2 Cir., 257 F.2d 538, affirming D.C. S.D.N.Y., 155 F.Supp. 619

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