SOJAK v. HUDSON WATERWAYS CORP.

No. 403, Docket 78-7373.

590 F.2d 53 (1978)

Henry SOJAK, as Administrator of the Estate of Josef Sojak, and Henry Sojak, Individually, Agnes Dolores Drapala, and Helen Digiosa, Plaintiffs-Appellants, v. HUDSON WATERWAYS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 29, 1978.


Attorney(s) appearing for the Case

Robert David Becker, New York City, for plaintiffs-appellants.

George T. Delaney, New York City (Cichanowicz & Callan, New York City, of counsel), for defendant-appellee.

Before KAUFMAN, Chief Judge, SMITH and VAN GRAAFEILAND, Circuit Judges.


PER CURIAM:

The administrator of the estate of Josef Sojak appeals from a judgment entered on a jury verdict finding the defendant Hudson Waterways Corp. not liable under the Jones Act, 46 U.S.C. § 688, or the Death on the High Seas Act, 46 U.S.C. § 761 et seq., for Josef's death. The complaint alleged both negligence and unseaworthiness, but the pretrial order indicated that the plaintiff would proceed only on a theory of negligence. During the presentation...

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