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CASSELMANN v. TUG CAPTAIN KELLY

No. 20085.

322 F.2d 820 (1963)

Herbert CASSELMANN, Appellant, v. TUG CAPTAIN KELLY, Appellee.

United States Court of Appeals Fifth Circuit.

September 24, 1963.

Attorney(s) appearing for the Case

Harold J. Lamy, New Orleans, La., for appellant.

James B. Kemp, Jr., New Orleans, La., for appellee.

Before PHILLIPS, CAMERON and WISDOM, Circuit Judges.

PER CURIAM.

Appellant brought a libel against the Tug CAPTAIN KELLY alleging that his injury was a result of its unseaworthiness. Specifically, he claimed that a ladder should have been provided for use in transferring to the tow, and that the tug's crew was shorthanded.

The court below, sitting as judge of the law and trier of the facts, resolved the questions against appellant, finding that the Tug CAPTAIN KELLY was not unseaworthy and that the sole proximate...

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