SANTANA v. UNITED STATES

No. 76-1278.

572 F.2d 331 (1977)

Angel R. SANTANA, Plaintiff, Appellant, v. The UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 14, 1977.


Attorney(s) appearing for the Case

Harry A. Ezratty, San Juan, P. R., for plaintiff, appellant.

Jose Antonio Fuste, San Juan, P. R., with whom David V. Hutchinson, Atty., States Department of Justice, Admiralty & Shipping Division, Washington, D. C., Julio Morales Sanchez, U. S. Atty. and Jimenez & Fuste, San Juan, P. R., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, VAN OOSTERHOUT, and INGRAHAM, Senior Circuit Judges.


INGRAHAM, Senior Circuit Judge.

This suit for Jones Act1 negligence and unseaworthiness was brought under the Public Vessels Act2 for personal injuries suffered in a fall on a United States Navy tanker. The trial court was unpersuaded by plaintiff's testimony that he slipped on some greasy hoses blocking a passageway. Because we are "left with the definite and firm conviction that a mistake has been committed...

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