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DAILEY v. ALCOA STEAMSHIP COMPANY

No. 21084.

337 F.2d 611 (1964)

Thomas D. DAILEY, Appellant, v. ALCOA STEAMSHIP COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 23, 1964.

Attorney(s) appearing for the Case

John M. Holahan, New Orleans, La., for appellant.

Maurie D. Yager, William E. Wright, New Orleans, La., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.

WISDOM, Circuit Judge:

In this action against a shipowner for wages, maintenance and cure the sole question is whether the seaman was in the service of his ship when shortly after midnight in a New Orleans barroom he broke his leg by falling off a bar stool.

In his formal "Conclusions of Law" the district judge gave several grounds for dismissing the libel:

"The reasoning of the Aguilar case, however, is not at all applicable to the present situation...

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