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MACHADO v. STATES MARINE-ISTHMIAN AGENCY, INC.

No. 26701.

411 F.2d 584 (1969)

Lucrecia Sosa MACHADO, widow of Domingo Ferman (or Fernan) Machado, Individually, and/on behalf of German Batres Machado, etc., Plaintiff-Appellee, v. STATES MARINE-ISTHMIAN AGENCY, INC., et al., Defendants-Appellants, v. T. SMITH & SON, INC., et al., Third-Party Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

May 7, 1969.

Attorney(s) appearing for the Case

A. R. Christovich, Jr., New Orleans, La., Christovich & Kearney, New Orleans, La., for States-Marine Isthmian Agency, Inc., Isthmian Lines, Inc., States-Marine Lines, Inc., and Liberty Mut. Ins. Co.

Donald N. Memmer, Russell J. Schonekas, Virgil M. Wheeler, Jr., New Orleans, La., Sehrt, Boyle & Wheeler, New Orleans, La., for T. Smith & Son, Inc.

Before COLEMAN and GOLDBERG, Circuit Judges, and SKELTON, Judge of the Court of Claims.

COLEMAN, Circuit Judge:

Upon a jury verdict in the District Court the widow and surviving son of Domingo Ferman Machado recovered judgment against defendants-appellants for his wrongful death. The judgment is affirmed.

On February 15-16, 1966, a cargo of baled burlap was unloaded from the S. S. Steel Navigator and placed in a warehouse at the Napoleon Avenue wharf in New Orleans. The bales weighed about 1500 pounds...

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