Zarowitch v. F. Jarka Co.

SHEPPARD, District Judge.

This case was originally tried in this court in September, 1925, and dismissed on the facts. The plaintiff’s action was for personal injuries, sustained while storing cargo in the hold of a foreign ship, then loading at a pier in the port of New York. The negligence relied on by the plaintiff consisted in the failure of the gangwayman to give timely notice from the hatch of the descending sling; plaintiff claiming to have been injured in Ms efforts to escape as it was lowered into the hold. As stated, the action was dismissed at the conclusion of the trial on the…