LEIBELL, District Judge.
Libellant, Peter Gambera, brought this action against the S. S. "Emmy" and her owner (Andrew Bergoty, also known as Andreas Vergottis) for personal injuries suffered by libellant when he fell through an unprotected open hatch, in the tween decks coal bunker section of the ship, on the morning of December 23, 1939. At the time of the accident he was employed as a fireman and he had been sent to wheelbarrow and shovel some coal from the tween...
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