SMITH v. REINAUER OIL TRANSPORT

No. 5332.

256 F.2d 646 (1958)

Ida M. SMITH, Administratrix, Plaintiff, Appellant, v. REINAUER OIL TRANSPORT, Inc., Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided June 24, 1958.


Attorney(s) appearing for the Case

John O. Parker, Boston, Mass., with whom Ely, Bartlett & Brown, Boston, Mass., was on brief, for appellant.

Thomas H. Walsh, Boston, Mass., with whom Leo F. Glynn, Boston, Mass., was on brief for appellee.

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


MAGRUDER, Chief Judge.

This is a distressing case, in which the administratrix of a drowned seaman is suing for wrongful death under the Jones Act. 46 U.S.C.A. § 688. Nobody knows what exactly happened to him except that his dead body was fished out of the water several months after his disappearance, and that the proven circumstances warrant the inference that he fell into the water accidentally and was accidentally drowned. But as the Supreme Court has frequently...

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