DuBOSE v. MATSON NAVIGATION COMPANY

No. 22074.

403 F.2d 875 (1968)

Elijah DuBOSE, Appellant, v. MATSON NAVIGATION COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

November 12, 1968.


Attorney(s) appearing for the Case

Kenneth W. Rosenthal (argued) of Darwin, Rosenthal & Leff, San Francisco, Cal., for appellant.

E. Judge Elderkin (argued) of Brobeck, Phleger & Harrison, San Francisco, Cal., for appellee.

Before BARNES and DUNIWAY, Circuit Judges, and McNICHOLS, District Judge.


BARNES, Circuit Judge.

This is an appeal of an admiralty case arising under 46 U.S.C. § 688. Jurisdiction here rests on 28 U.S.C. § 1291.

The facts are not in dispute nor is the liability of the defendant. The two issues in this appeal, both of which relate to the legal consequences which attach to the facts are (1) Did the trial court err in concluding that appellant was contributorily negligent?, and (2) Did the trial court err in attributing 75...

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