218 F.2d 711 (6th Cir. 1955), 12056, Lee v. Pure Oil Co.

Docket Nº:12056.
Citation:218 F.2d 711
Party Name:Louise LEE, Appellant, v. PURE OIL COMPANY, Appellee.
Case Date:January 31, 1955
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 711

218 F.2d 711 (6th Cir. 1955)

Louise LEE, Appellant,

v.

PURE OIL COMPANY, Appellee.

No. 12056.

United States Court of Appeals, Sixth Circuit.

January 31, 1955

Page 712

W. A. McTighe, Memphis, Tenn. (Nicholson, McTighe, Webb & Cleaves, Memphis, Tenn., on the brief), for appellant.

Edward B. Hayes, Chicago, Ill. (William B. Miller, Jr., Lord, Bissell & Kadyk, Chicago, Ill., Burch, Porter & Johnson, Memphis, Tenn., on the brief), for appellee.

Before ALLEN, MILLER, and STEWART, Circuit Judges.

STEWART, Circuit Judge.

Appellant brought this action in the district court for damages resulting from the death of her husband. He was drowned in the Mississippi River after falling from a barge owned by appellee, which was moored near the appellee's docks in Memphis.

The deceased was employed by a Memphis bakery as a delivery truck driver and bread salesman. On the morning of his death, he called at a Memphis grocery to deliver bread. As a part of its business the grocery owned and operated a boat on the Mississippi which it used in the river grocery business to deliver supplies to towboats.

When he made his delivery at the grocery that morning the deceased was informed that an order for bread from the grocery had been received by radio-telephone from appellee's towboat, the 'Charles W. Snider.' The grocery truck was not there to take this order to its delivery boat, and the deceased accordingly volunteered to make the delivery.

He drove to the appellee's docks, where several of appellee's barges were moored alongside each other. Both the 'Charles W. Snider' and the grocery delivery boat were out in the river beyond the barges. Carrying the bread, the deceased walked riverwards, crossing three barges. He them attempted to cross from the third barge to a fourth barge that the 'Charles W. Snider' was bringing alongside it. In doing so he fell into the river. Within seconds two lines were thrown well within his reach, but he made no effort to grasp them. He sank out of sight, and his body was recovered some forty-five minutes later.

Appellant's original complaint was grounded upon appellee's alleged negligence. Federal jurisdiction was invoked by reason of diversity of citizenship. During the trial, however, appellant amended her complaint by adding an allegation that appellee had failed to provide a seaworthy vessel in not having...

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