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LEE v. MEYER

No. 7801.

439 F.2d 263 (1971)

Thomas J. LEE, Plaintiff, Appellant, v. Helmut MEYER, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 9, 1971.

Attorney(s) appearing for the Case

Nathan Greenberg, Boston, Mass., with whom Earl Wahl, Portland, Me., was on brief, for appellant.

Harrison L. Richardson, Portland, Me., with whom Robert L. Hazard and Richardson, Hildreth, Tyler & Troubh, Portland, Me., were on brief, for appellee.

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

PER CURIAM.

In this case the plaintiff, a longshoreman, was injured when he fell off a beam about three feet above the ground on which he was standing to reach, with a pole, to dislodge a piece of burlap from a clamshell. The clamshell was being used to unload clay from a vessel. The weather was rainy and there was evidence that the beam was slippery because of the presence of clay thereon. The plaintiff offered evidence of two longshoremen, whom he described as experts...

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