TROST v. AMERICAN HAWAIIAN STEAMSHIP COMPANY

No. 46, Docket 28231.

324 F.2d 225 (1963)

Robert F. TROST, Plaintiff-Appellee, v. AMERICAN HAWAIIAN STEAMSHIP COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 25, 1963.


Attorney(s) appearing for the Case

Gray Williams, New York City (Boal, McQuade & Fitzpatrick, New York City, on the brief), for appellant.

Harvey Goldstein, Goldstein & Sterenfeld, New York City (Herbert W. Sterenfeld, New York City, on the brief), for appellee.

Before CLARK, MOORE, and KAUFMAN, Circuit Judges.


KAUFMAN, Circuit Judge.

The defendant steamship company appeals from a judgment for $17,410.86 and costs, recovered by the plaintiff after a trial before a judge sitting without a jury. Plaintiff suffered injuries while in a shoreside café, over four miles from his ship, allegedly as a result of the negligent failure of the ship's captain to warn him of the existence of an open trap-door through which he fell. On appeal, defendant contends that the District Court...

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