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DAVILA v. S/S VERCHARMIAN

No. 8124.

247 F.Supp. 617 (1965)

Fernando DAVILA, Libelant, v. S/S VERCHARMIAN, her engines, etc., in rem, and Vergottis Ltd., as owner, in personam, Respondents.

United States District Court E. D. Virginia, Norfolk Division.

November 19, 1965.

Attorney(s) appearing for the Case

Sidney H. Kelsey, Norfolk, Va., for plaintiff.

Charles F. Tucker, Vandeventer, Black, Meredith & Martin, Norfolk, Va., for respondents.

WALTER E. HOFFMAN, Chief Judge.

Libelant, a citizen of Spain and a member of the crew of the SS VERCHARMIAN, a vessel flying the flag of Great Britain, was seriously (but not permanently) injured when he fell through a small open hatch in the upper deck of the extreme forepeak of the vessel on July 26, 1960, at approximately 7:30 A.M.

The crux of this case lies in the lighting conditions prevailing at the time and the duty to warn under the existing circumstances...

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