Dayton v. Midland S. S. Lines, Inc.

KNIGHT, Chief Judge.

At the trial of this action a jury was drawn, sworn and thereafter waived, and trial was had before the Court.

On June 2, 1952, plaintiff was employed by defendant as an oiler on the Steamer John W. Davin. While in the pursuance, of orders of the engineer, plaintiff was assisting in the hauling of a barrel of oil through the gangway and was caused to strike the left side of his body against a steel pipe vise, sustaining the injuries for which he seeks to recover damages in this suit.

In the -first place this plaintiff had been employed as a seaman for at least ten years. He…