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DINIERO v. UNITED STATES LINES COMPANY

No. 171, Docket 26463.

288 F.2d 595 (1961)

Julio DINIERO, Plaintiff-Appellee, v. UNITED STATES LINES COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 28, 1961.

Attorney(s) appearing for the Case

Edward J. Malament, New York City (Lee Pressman and Standard, Weisberg, Harolds & Malament, New York City on the brief), for plaintiff-appellee.

Joseph M. Cunningham, New York City (Joseph P. Ritorto and Kirlin, Campbell & Keating, New York City on the brief), for defendant-appellant.

Before MEDINA, FRIENDLY and SMITH, Circuit Judges.

MEDINA, Circuit Judge.

Between April 6, and September 30, 1954, Julio Diniero, a Junior Third Assistant Engineer aboard the S. S. Pioneer Land, owned by United States Lines Company, claimed to have suffered such repeated strains in his back in the performance of his duties as to cause a ruptured disc with resultant pain and suffering, culminating some years later in a fusion operation and the removal of the disc. According to Diniero's testimony, there was a blow...

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