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HORTON v. MOORE-McCORMACK LINES, INC.

No. 167, Docket 28305.

326 F.2d 104 (1964)

George G. HORTON, Plaintiff-Appellee, v. MOORE-McCORMACK LINES, INC., Defendant and Third-Party Plaintiff-Appellant, v. Juan RIVERA, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 7, 1964.

Attorney(s) appearing for the Case

Robert Klonsky, of DiConstanzo, Klonsky & Sergi, Brooklyn, N. Y. (for Klein and Hirschberger), for plaintiff-appellee.

Joseph M. Cunningham, of Kirlin, Campbell & Keating, New York City, for defendant and third-party plaintiff-appellant.

Emanuel Friedman, New York City, for third-party defendant-appellee.

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

HAYS, Circuit Judge.

Defendant, Moore-McCormack Lines, appeals from a judgment of the district court entered upon the verdict of a jury which awarded plaintiff Horton $80,000 as damages for personal injuries and awarded Moore-McCormack $4,300 against the third party defendant Rivera. Defendant contends that it is entitled to a new trial because of (1) insufficiency of the evidence to support a finding of unseaworthiness, (2) errors in the judge's charge and in the...

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