McCLURE v. UNITED STATES LINES COMPANY

No. 10014.

368 F.2d 197 (1966)

Ava McCLURE, Administratrix of the Estate of Eugene McClure, Deceased, Appellant, v. UNITED STATES LINES COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 24, 1966.


Attorney(s) appearing for the Case

C. Arthur Rutter, Jr., Norfolk, Va. (Amato, Babalas, Breit, Cohen, Rutter & Friedman, and Gordon E. Campbell and Wayne Lustig, Norfolk, Va., on brief) for appellant.

Harry E. McCoy, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Circuit Judge, and MICHIE, District Judge.


HAYNSWORTH, Chief Judge.

The widow of an American seaman seeks damages because of the death of her husband following a fall into the waters of a French harbor. Her theory is that members of the crew of the American Angler were negligent in the performance of a duty of assistance, arising under French law, when her thoroughly drunken husband was attempting to find his own ship, the Keystone State.

At approximately 11:45 P.M. on March 31, 1961, McClure was attempting...

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