MASCOLA v. PACIFIC COAST TRANSPORT COMPANY

No. 375, Docket 33058.

421 F.2d 1281 (1970)

John MASCOLA, Plaintiff-Appellant, v. PACIFIC COAST TRANSPORT COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 23, 1970.


Attorney(s) appearing for the Case

George J. Duffy, Hoboken, N. J. (Baker, Garber, Chazen & Duffy, Hoboken, N. J., on the brief), for appellant.

James F. Hart, New York City (Boal, Doti, Fitzpatrick & Hart and Louis G. Juliano, New York City, on the brief), for appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge:

John Mascola, an ordinary seaman aboard the Pacific Coast Transport Company's tanker SS Point Loma, sustained injuries when he slipped and fell on the vessel's boat deck during his watch at about 2:15 a. m. on November 12, 1963. He brought suit asserting his employer's liability based upon both negligence under the Jones Act, 46 U.S.C. § 688, and unseaworthiness of the vessel.

The case was tried before a jury. At the close...

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