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MONCADA v. LEMURIA SHIPPING CORP.

No. 48, Docket 73-1184.

491 F.2d 470 (1974)

Elena Jerezano MONCADA, as Personal Representative of the Estate of Arturo Moncada, Deceased, Plaintiff-Appellant, v. LEMURIA SHIPPING CORP. et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 21, 1974.

Attorney(s) appearing for the Case

Thomas M. Breen, New York City, for plaintiff-appellant.

William M. Kimball, New York City (Burlingham, Underwood & Lord, New York City, on the brief), for defendants-appellees.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

Arturo Moncada was a Honduran seaman employed aboard the S.S. Ekberg from June 12, 1968 until his death on September 27, 1968. Moncada fell ill and died aboard ship at Maceio, Brazil. The medical examiner determined the cause of death to be severe edema of the lungs (pulmonary congestion). Alleging negligence by the master of the ship in failing to call a doctor rapidly, the widow of the decedent brought this suit under the Jones Act and general...

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