KENNEDY v. HENDERSCHEID

No. 73-2901 Summary Calendar.

490 F.2d 85 (1973)

Bernard J. KENNEDY et al., Plaintiffs-Appellants, v. Gerald HENDERSCHEID and Moz-All of Florida, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 28, 1973.


Attorney(s) appearing for the Case

Arthur Roth, John Fowler, Miami, Fla., for plaintiffs-appellants.

John W. Thornton, Timothy Carl Blake, Miami, Fla., for defendants-appellees.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


PER CURIAM:

In this personal injury suit in admiralty arising out of the explosion of a fishing boat trial was to the judge and judgment was rendered against the plaintiffs. The plaintiffs argue on appeal that the trial judge erroneously applied the doctrine of res ipsa loquitur since he failed to rule that plaintiffs' proof transferred the burden of going forward on the issues of negligence and causation to the defendant. This argument is without merit. Under...

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