No. 13980.

315 F.2d 129 (1963)

Cyrus LEPORT, Jr., Appellant, v. WHITE RIVER BARGE LINE.

United States Court of Appeals Third Circuit.

Decided March 7, 1963.

Rehearing Denied March 28, 1963.

Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for appellant.

Norman J. Cowie, Pittsburgh, Pa. (Pringle, Bredin & Martin, Pittsburgh, Pa., on the brief), for appellee.

Before KALODNER and FORMAN, Circuit Judges, and ROSENBERG, District Judge.

KALODNER, Circuit Judge.

Is negligent breach of a duty imposed by law to furnish medical care to an injured seaman an "accident" within the meaning of the Pennsylvania Non-Resident Vessel Owners' Act1 which provides for service of process on a non-resident owner or operator of a vessel by serving the Secretary of the Commonwealth in an action against such owner or operator "arising out of, or by reason of, any accident or collision, occurring...

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