Lewis v. Phelps

Plaintiff’s decedent was engaged in cleaning the outside of' the cabin of a catboat, anchored at each end in the Detroit river, in the forenoon of May 26,1928. In the afternoon his body was found in the river. While no one saw the accident, it is apparent that he fell from the deck of the boat into the water and was drowned. This action is brought under, the Federal merchant marine act of 1920 (46 USCA, § 688), to recover the damages incident thereto. Plaintiff had verdict and judgment. The defendant has appealed. It is insisted on his behalf that no actionable negligence was proven.

The acts…