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THE PENINSULAR. FOLEY v. THE PENINSULAR

United States District Court for the Eastern District of New York1897-04-19
79 F. 972

Authorities cited

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Opinion

majority opinion

BENEDICT, District Judge.

This is an action for personal injuries caused by the falling of a tub of salt upon a man in the hold of the steamship Peninsular. Upon the evidence it is impossible to conclude that the accident was caused by any neglect on the part of the shipowners. It was caused by the negligence of the winchman. The winchman, however, was a fellow servant with the libelant, and therefore his negligence entails no liability upon the owners of the ship. Libel dismissed, with costs.