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CASTRO v. MOORE-McCORMACK LINES, INC.

No. 126, Docket 28373.

325 F.2d 72 (1963)

Santiago N. CASTRO, Plaintiff-Appellant, v. MOORE-McCORMACK LINES, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 18, 1963.

Attorney(s) appearing for the Case

T. Lawrence Tabak, New York City (Sheldon Tabak, New York City, on the brief), for plaintiff-appellant.

John H. Reilly, Jr., New York City (W. Mahlon Dickerson and Browne, Hyde & Dickerson, New York City, on the brief), for defendant-appellee.

Before MEDINA, HAYS and MARSHALL, Circuit Judges.

MEDINA, Circuit Judge.

On January 22, 1961 Santiago N. Castro, an assistant pantryman aboard the S.S. Brasil, a passenger vessel owned and operated by defendant Moore-McCormack Lines, Inc., was cleaning a stainless steel toaster in the promenade deck pantry. While he was removing the dried paste made of the cleaning powder furnished by the shipowner "the wind blowing in through the open promenade doors, coupled with the motion...

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