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JONES v. LYKES BROS. S. S. CO.

108 F.Supp. 323 (1952)

JONES v. LYKES BROS. S. S. CO., Inc.

United States District Court S. D. New York.

November 21, 1952.

Attorney(s) appearing for the Case

Silas Blake Axtell, New York City (David D. Erroll, New York City, of counsel), for plaintiff.

Tompkins, Boal & Tompkins, New York City (Arthur M. Boal, New York City, of counsel), for defendant.

MURPHY, District Judge.

Plaintiff, a 52 year old seaman, brings this action for negligence under the Jones Act, 46 U.S.C.A. § 688, for indemnity because of unseaworthiness, and for maintenance and cure all because of an assault upon him by a fellow seaman on board the S. S. Frederick Lykes on May 25, 1949.

On the basis of the pleadings, testimony and exhibits, I make the following:

Findings of Fact

1. The plaintiff has been a seaman...

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