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McAFOOS v. CANADIAN PACIFIC STEAMSHIPS

143 F.Supp. 73 (1956)

Evelyn McAFOOS and William Neff, Plaintiffs, v. The CANADIAN PACIFIC STEAMSHIPS, Ltd., and the Canadian Pacific Railway Co., Defendants.

United States District Court S. D. New York.

July 6, 1956.

Attorney(s) appearing for the Case

Cooper, Ostrin & DeVarco, New York City, for plaintiffs. Richard Gyory, New York City, of counsel.

Bleakley, Platt, Gilchrist & Walker, New York City, for defendants. Ernest S. Ballard, Jr., New York City, of counsel.

LEVET, District Judge.

This is an action under the Jones Act, 46 U.S.C.A. § 688, to recover for personal injuries claimed to have been sustained by plaintiff, Evelyn McAfoos, as a result of the alleged negligence of the defendants and the unseaworthiness of the vessel, the S. S. Empress of Scotland. The complaint also includes a claim for maintenance and cure. Plaintiff McAfoos is a magician's assistant, and plaintiff, William Neff, is a magician. They alleged...

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