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FORD v. UNITED FRUIT CO.

No. 24621-G.

75 F.Supp. 311 (1947)

FORD v. UNITED FRUIT CO. et al.

District Court, N. D. California, S. D.

October 28, 1947.

Attorney(s) appearing for the Case

Fitz-Gerald Ames, Sr. and Hugh B. Miller, both of San Francisco, Cal., for libelant.

Frank J. Hennessy, U. S. Atty., of San Francisco. Cal., for respondent United States.

John H. Black, Edward R. Kay and Hoge, Pelton & Gunther, all of San Francisco, Cal., for other respondents.

GOODMAN, District Judge.

While sitting on the ship's rail of respondents' "The Sea Perch" at Espiritos Santos, New Hebrides, watching the embarcation of troops, libelant received a "bump" from one of two seamen engaged in innocent "horseplay" in the passageway behind the railing, lost his balance and fell to the dock, sustaining severe and crippling injuries. His action under the Jones Act, 46 U.S.C.A., § 688, was to recover damages upon the theory of negligence...

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