DOANE v. JACOBSON

No. 5212.

244 F.2d 710 (1957)

Kenneth DOANE, Plaintiff, Appellant, v. Israel JACOBSON et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

May 21, 1957.


Attorney(s) appearing for the Case

George Broomfield, Boston, Mass., for appellant.

Paul J. Kirby, Boston, Mass., with whom Kneeland & Splane, Boston, Mass., was on brief, for appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


PER CURIAM.

Appellant Kenneth Doane was a crew member of a fishing vessel engaged in dredging for scallops. When the dredges are hauled aboard, the contents are dumped on the deck and members of the crew sort out the scallops from fish, debris, and other matter. In accordance with horseplay which seems to have prevailed on board, appellant tossed discarded fish in the direction of one Todd, a fellow deck hand. Todd told Doane to cut it out or he would wrap the shovel...

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