Lewis v. American-Hawaiian S. S. Co.

KNOX, District Judge.

Under the facts herein stipulated, I am satisfied that the failure of the Master of the Arkansan to do more than was done to protect the plaintiff from injury at the time of a German air-raid upon Port Suez, Egypt, on September 12, 1941, did not amount to actionable negligence. What would, or would not, have happened had the Master sent the crew ashore is altogether speculative and speculation is far short of forming a basis for the assessment of damages. Furthermore, in my opinion, the ship’s company, in the absence of proof of the existence of circumstances entirely…