Lapp v. Pennsylvania R. Co.

THOMPSON, Circuit Judge.

This is an appeal from a judgment of nonsuit entered in a suit by the plaintiff to recover damages for the death of her husband alleged to have been caused by the negligence of the defendant. The accident occurred on a dark night in the North River near Hoboken, N. J. The decedent, Harold Lapp, was employed as a seaman by the defendant and his duties were in connection with the transfer, by means of a tug, of ear-floats of the defendant from one dock to another. On the night in question, the decedent was acting mate on the tug and the service to be performed by the tug…