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COTTLE v. GALLUP

No. 7623.

432 F.2d 43 (1970)

John S. COTTLE, Plaintiff, Appellee, v. Barry GALLUP, d/b/a Point Judith Engine & Supply Co., Defendant, Appellant.

United States Court of Appeals, First Circuit.

October 2, 1970.

Attorney(s) appearing for the Case

James M. Jerue, Providence, R.I., with whom Beals & Jerue, Providence, R.I., was on brief, for defendant, appellant.

Bardyl Rifat Tirana, Washington, D. C., with whom Bruce G. Sundlun and Amram, Hahn & Sundlun, Washington, D. C., were on brief, for plaintiff, appellee.

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

PER CURIAM.

The plaintiff employed the defendant to install a new engine in his fishing vessel. The day after the work was completed and the vessel had passed its trials plaintiff took a short pleasure trip. The trip was interrupted when it was discovered that the engine room was flooding. The boat was beached, but not before cold salt water had, to use a medical term, "insulted" the hot, running engine, causing it to lock, with substantial damage to the engine as...

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