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TRAVELERS INSURANCE COMPANY v. BELAIR

No. 7243.

412 F.2d 297 (1969)

The TRAVELERS INSURANCE COMPANY, Plaintiff, Appellant, v. Raymond F. BELAIR, Deputy Commissioner, United States Department of Labor, Defendant, Appellee, and Joseph Melanson, Intervenor, Appellee.

United States Court of Appeals First Circuit.

Decided June 26, 1969.

Attorney(s) appearing for the Case

Blair L. Perry, Boston, Mass., with whom Hale & Dorr, Boston, Mass., was on brief, for appellant.

Leavenworth Colby, Attorney, Department of Justice, with whom William D. Ruckelshaus, Asst. Atty. Gen., and Morton Hollander, Attorney, Department of Justice, were on brief, for Raymond F. Belair, Deputy Commissioner, appellee.

Jules E. Angoff, Boston, Mass., for Joseph Melanson, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

In January 1960 Joseph Melanson, while in the employ of McKie Lighter Company as a carpenter-foreman, was engaged in operating McKie's 40-foot workboat LOUISE, bringing himself and four other employees back through Boston Harbor from their day's work on Spectacle Island, a 30-minute trip. Passing under a bridge Melanson came out from the pilot house and his head was caught between it and the bridge, causing serious injuries. Written notice of...

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