Adams v. Bortz
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by Titus E. Bortz against Charles E. Adams and others, as trustees, doing business under the firm name and style of the New England Fuel & Transportation Company. Judgment for plaintiff, and defendants bring error. Defendants owned the steamship Malden and employed plaintiff in June, 1919, as chief steward for. a voyage to one or more European ports and return.
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In Error to the District Court of the United States for the Eastern District of New York. Action by Titus E. Bortz against Charles E. Adams and others, as trustees, doing business under the firm name and style of the New England Fuel & Transportation Company. Judgment for plaintiff, and defendants bring error. Defendants owned the steamship Malden and employed plaintiff in June, 1919, as chief steward for. a voyage to one or more European ports and return. The complaint alleged that, when the vessel was on the high seas, plaintiff while in the performance of his duties sustained injuries to…
1Opinion of the CourtMayer, Circuit Judge
(after stating the facts as above). The sole question which the jury was instructed to consider was whether the vessel was seaworthy, not by reason of any defect in the construction of the coal bin or the temporary stairway, but because the bin was so situated as to make it necessary for plaintiff and others to climb or cross over it. The question is exposed by the following part of the court’s charge:
“If you find that tho evidence shows that the coal bin was so constructed that no safo passageway was provided on the deck, and that it was made necessary to climb or cross over said bin in the…
2Cases cited11 opinions
- The OsceolaSupreme Court of the United States · 1903
- The SouthwarkSupreme Court of the United States · 1903
- The SilviaSupreme Court of the United States · 1898
- The Carib PrinceSupreme Court of the United States · 1898
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Tug Ocean Prince, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1978
- Rolph Navigation & Coal Co. v. KohilasCourt of Appeals for the Ninth Circuit · 1924
- The Framlington CourtCourt of Appeals for the Fifth Circuit · 1934
- The TawmieCourt of Appeals for the Fifth Circuit · 1936
- Spang Chalfant & Co. v. Dimon SS CorporationCourt of Appeals for the Second Circuit · 1932
15 more not listed; retrieve them via the Exa API.