American Sugar Refining Co. v. Ned

HOLMES, Circuit Judge.

This is an action, under the Longshoremen’s and Harbor Workers’ Compensation Act, 1 to set aside an award for the death of a laborer who fell from a barge into the Mississippi River while in the employment of the American Sugar Refining Company. The evidence shows that on May 26,1952, the decedent had been engaged in loading sugar into the hold of the barge. He had complained of being sick, and his foreman had suggested that he take a shower bath, but the decedent did not follow this advice. A few minutes prior to his fall into the river, he had been directed by his…