NOACK v. AMERICAN STEAMSHIP COMPANY

No. 73-1326.

491 F.2d 937 (1973)

Everett NOACK, Plaintiff-Appellee, v. AMERICAN STEAMSHIP COMPANY, Defendant-Appellant,

United States Court of Appeals, Sixth Circuit.

Decided February 1, 1974.


Attorney(s) appearing for the Case

William S. Busch, New York City, for defendant-appellant; Cadwalader, Wickersham & Taft, New York City, Marshall, Melhorn, Bloch & Belt, Toledo, Ohio, on brief; John A. Sullivan, New York City, Arnold F. Bunge, Jr., Toledo, Ohio, of counsel.

Merritt W. Green, II, Green & Lackey, Toledo, Ohio, on brief, for plaintiff-appellee.

Before PECK and McCREE, Circuit Judges, and ALLEN, District Judge.


JOHN W. PECK, Circuit Judge.

In this action charging negligence under the Jones Act, 46 U.S.C. § 688, and unseaworthiness under the General Maritime Law, the seaman plaintiff sought damages for injuries that he suffered when he slipped into a deck opening while helping to clean out the bilges in the lower engine room of the defendant-shipowner's vessel. The jury returned a verdict in the amount of $150,000 which was reduced by half because the jury found that...

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