Legal Opinion

Balado v. Lykes Bros. S.S. Co., Inc

Court of Appeals for the Second Circuit

Decided February 6, 1950No. 21529_1PublishedCited by 42 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

This action was originally brought under the Jones Act, 46 U.S.C.A. § 688, by a fireman aboard the defendant’s vessel Genevieve Lykes. About March 10, 1944, heavy seas were encountered by the ship and the iron door leading from the deck to the crew’s messroom was found to be in a sprung condition, whereby sea water was entering the messroom. The plaintiff had gone to his quarters and was asleep. About midnight the chief engineer woke him up and ordered him to help bail out the water. He complied, and worked for more than an hour bailing out water which splashed…

2Cases cited5 opinions

  1. Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
  2. The Ha ScandrettCourt of Appeals for the Second Circuit · 1937
  3. McCarthy v. American Eastern CorporationCourt of Appeals for the Third Circuit · 1949
  4. Skolar v. Lehigh Valley R. Co.Court of Appeals for the Second Circuit · 1932
  5. McGhee v. United StatesCourt of Appeals for the Second Circuit · 1947

3Cited by42 opinions

  1. McAllister v. Magnolia Petroleum Co.Supreme Court of the United States · 1958
  2. Aston Bartholomew v. Universe Tankships, Inc.Court of Appeals for the Second Circuit · 1959
  3. Keen v. Overseas Tankship Corp.Court of Appeals for the Second Circuit · 1952
  4. Kathleen Troupe v. Chicago, Duluth & Georgian Bay Transit CompanyCourt of Appeals for the Second Circuit · 1956
  5. Catherine Poignant, Libellant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1955

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