McGee v. Sinclair Refining Co.

GANEY, District Judge.

This is a motion on behalf of the defendant for judgment N.O.V. The plaintiff, Leo C. McGee, was employed as a fireman on the S. S. “E. R. Kemp”, which tanker was owned and operated by the defendant company. On April 13, 1941, while the vessel was at sea and after relieving a watch in the fireroom, the plaintiff while walking across the after deck was bitten on the heel by a puppy dog belonging to another member of the crew as it dashed between his legs. The plaintiff was wearing slippers without any heel protection at the time and the alleged bite was at a place where…