De Luca v. Shepard S. S. Co.

CHASE, Circuit Judge.

Further consideration of this ease has convinced us that there was not, as stated in the original opinion [see (C. C. A.) 65 F.(2d) 566], sufficient evidence to take the ease to the jury on the question of defendant’s negligence in furnishing a cable too dry to be fit for the use to which it was to be put; and that the evidence did not present a situation for the application of the doctrine of assumption of risk as to any known and appreciated danger caused by the known negligence of the defendant in that respect. Therefore that part of the original opinion which relates…