Legal Opinion

Chelentis v. Luckenbach S. S. Co.

Court of Appeals for the Second Circuit

Decided May 25, 1917No. 223PublishedCited by 15 opinions

In Error to the District Court of the United States for the Southern District of -New York. Action at law by Peter Chelentis against the Duckenbach Steamship Company, Incorporated. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

WARD, Circuit Judge.

This was an action at common law by a seaman employed on the steamer J. D. Luckenbach against her owners to recover damages for personal injuries sustained by him on his second voyage. The only charge of negligence in the complaint as to which there was any proof was as follows:

“ * * * Because said defendants and said persons in their service having command negligently and unlawfully compelled plaintiff to carry an ash bag across an open and exposed deck on board said vessel during a severe storm and while the waves were calculated to and did break over the same,…

2Cases cited1 opinion

  1. The OsceolaSupreme Court of the United States · 1903

3Cited by15 opinions

  1. Storgard v. France & Canada S. S. Corp.Court of Appeals for the Second Circuit · 1920
  2. Roger Johnson v. A/s Ivarans RederiCourt of Appeals for the First Circuit · 1980
  3. The ColusaCourt of Appeals for the Ninth Circuit · 1918
  4. Colonna Shipyard, Inc. v. BlandSupreme Court of Virginia · 1928
  5. Di Salvo v. Cunard Steamship Co.District Court, S.D. New York · 1959

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