THE MATAGALPA

No. 51.

9 F.Supp. 416 (1934)

THE MATAGALPA. HARWOOD v. CEIBA NAV. CORPORATION.

District Court, E. D. Pennsylvania.

October 15, 1934.


Attorney(s) appearing for the Case

Mortimer W. H. Cox, of Philadelphia, Pa., for libelant.

Krusen, Evans, Shaw & Campbell and John Breck Shaw, all of Philadelphia, Pa., for respondent.


DICKINSON, District Judge.

Briefs have been submitted and the cause now ripe for a ruling.

The libel is filed to recover compensation for injuries sustained by a seaman. There might be two grounds of recovery; one based on negligence, the other on the obligation of a ship for cure, etc. The latter obligation is admitted. The only, what may be called statutory, basis for a finding of negligence is that a hatch was left open. Rule 5, section 24, of General Rules...

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