BARRIOS v. WATERMAN STEAMSHIP CORPORATION

No. 18561.

290 F.2d 310 (1961)

Digna BARRIOS, as Administratrix of the estate of Mario Barrios, deceased, Appellant, v. WATERMAN STEAMSHIP CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

May 26, 1961.


Attorney(s) appearing for the Case

Raymond F. La Porte, La Porte & De La Parte, Tampa, Fla., for appellant.

James O. Davis, Jr., Fowler, White, Gillen, Humkey & Trenam, Tampa, Fla., for appellee.

Before JONES and BROWN, Circuit Judges, and CONNALLY, District Judge.


CONNALLY, District Judge.

This is an action under the Jones Act (46 U.S.C.A. § 688) by the mother and administratrix of a deceased seaman to recover of his employer for the death. The testimony in the record is undisputed; but it is inconclusive, and leaves much to imagination or conjecture, in showing how and when the deceased met his death, if in fact he did.

At 12:10 a. m. the morning of December 18, 1957, the S.S. Topa Topa, owned and operated by...

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