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OLSEN v. NEW YORK CENTRAL RAILROAD COMPANY

No. 250, Docket 29057.

341 F.2d 233 (1965)

Elsie OLSEN, as Administratrix of the Goods, Chattels and Credits of Ingolf Olsen, Plaintiff-Appellee, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 8, 1965.

Attorney(s) appearing for the Case

George J. Engelman, New York City, for plaintiff-appellee.

Jerome H. Shapiro, New York City (Gerald E. Dwyer, New York City, on the brief; Henry W. Herbert, New York City, of counsel), for defendant-appellant.

Before FRIENDLY, HAYS and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge:

This is a diversity case under the New York Wrongful Death Statute, Decedent Estate Law, McKinney's Consol.Laws, c. 13, § 130. The original action also included claims for negligence under the Jones Act and for unseaworthiness, but these were dismissed during the trial. Decedent was a commercial fisherman by trade and on June 10, 1959 he requested Captain Harry P. Jones, appellant's tugboat captain...

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