USIAK v. NEW YORK TANK BARGE COMPANY

No. 211, Docket 27084.

299 F.2d 808 (1962)

Walter USIAK, Plaintiff-Appellee, v. NEW YORK TANK BARGE COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 6, 1962.


Attorney(s) appearing for the Case

Chester A. Hahn, New York City (Sylvia Miller, New York City, on the brief), for plaintiff-appellee.

John Nielsen, New York City (Perrell, Nielsen & Stephens, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.


LUMBARD, Chief Judge.

Defendant appeals from the jury verdict of $35,000 for plaintiff on his suit for negligence under the Jones Act, 46 U.S.C.A. § 688, and for unseaworthiness, alleging that there was insufficient proof that plaintiff's injury was caused by the fall on defendant's vessel and claiming a number of errors at trial. We affirm the judgment.

Plaintiff was employed by the defendant as captain of its 200 foot oil barge, Betty K. As captain...

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