SEABOARD PROPERTIES, INC. v. BUNCHMAN

No. 18023.

278 F.2d 679 (1960)

SEABOARD PROPERTIES, INC., Appellant, v. Herbert H. BUNCHMAN, Appellee.

United States Court of Appeals Fifth Circuit.

May 17, 1960.


Attorney(s) appearing for the Case

Charles A. Kimbrell, Miami, Fla., Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for appellant.

Claude Pepper, Allen Clements, Jr., Neal P. Rutledge, Miami, Fla., for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

This is a tort action for damages suffered by the appellee when he broke his back in a fishing boat on January 22, 1955, in an accident that occurred on navigable waters about a mile off the coast of Florida. Jurisdiction is based on diversity of citizenship, 28 U.S.C.A. § 1332, and, insofar as a maritime tort is involved, on the Saving to Suitors Clause, 28 U.S.C.A. § 1333(1). The only issue is whether the questions of agency and...

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