Joseph Kermarec v. Compagnie Generale Transatlantique

LUMBARD, Circuit Judge.

This action was brought to recover damages for personal injuries sustained by the plaintiff, Joseph Kermarec, a citizen of New York, aboard defendant’s vessel, the S. S. Oregon, while berthed in the North River at New York.

Evidence was adduced at trial from which a jury could find that on November 28, 1948, about noon, Kermarec went aboard the S.S. Oregon with Henry Yves, *176a member of the crew. Yves had secured the issuance of a pass by the defendant to Kermarec.1 Concededly the visit was a purely personal and social call and the two men went to Yves’ room and partook of…