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FUSSEY v. DIESEL TANKER ELLEN BUSHEY

Civ. No. 9177.

85 F.Supp. 902 (1949)

FUSSEY v. DIESEL TANKER ELLEN BUSHEY, Inc.

United States District Court E. D. New York.

March 1, 1949.

Attorney(s) appearing for the Case

Simone N. Gazan, New York City, by Blasi, New York City, for plaintiff, for motion.

Foley & Martin, New York City, by L. Laurence, New York City, for defendant.

RAYFIEL, District Judge.

Motion to strike out affirmative defense of assumption of risk.

Movant contends that under the Jones Act, Title 46 U.S.C.A. § 688, by reference to the Federal Employers' Liability Act, Title 45 U.S.C.A. § 54 the defense of assumption of risk is not available to the defendant.

Defendant contends that the defense of assumption of risk is not pleaded as a complete defense, but is now regarded in the light of comparative...

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