Boyce v. Seas Shipping Co., 102.

CourtU.S. Court of Appeals — Second Circuit
Writing for the CourtPER CURIAM
CitationBoyce v. Seas Shipping Co., 152 F.2d 658 (2nd Cir. 1945)
Decision Date19 December 1945
Docket NumberNo. 102.,102.
PartiesBOYCE v. SEAS SHIPPING CO.

Silas B. Axtell, of New York City (Lucien V. Axtell, of New York City, of counsel), for appellant.

Paul L. Murphy and Frank V. Barns, both of New York City, for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

The libellant testified that he slipped upon the floor of the pantry of the ship on which he was serving as a steward, while carrying some glasses to the officers' dining room; the floor of the pantry being at the time "sloppy and full of grease, and the ship was rolling." We may assume for argument that there are occasions when a ship may be liable for an oily or greasy pantry floor; but, if so, this was not shown to have been one. It is impossible to say from the libellant's testimony how long the condition had existed of which he complained. The...

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8 cases
  • Poignant v. United States
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 22, 1955
    ...120 F.Supp. 96; Adamowski v. Gulf Oil Corp., 3 Cir., 197 F.2d 523; Guerrini v. United States, 2 Cir., 167 F.2d 352; Boyce v. Seas Shipping Co., 2 Cir., 152 F.2d 658. The trial court also held, without accompanying discussion, that the respondent could not be held to have breached its warran......
  • Daniels v. Pacific-Atlantic SS Co.
    • United States
    • U.S. District Court — Eastern District of New York
    • March 17, 1954
    ...an adequate opportunity to remedy the condition, then there is no cause of action for negligence under the Jones Act. Boyce v. Seas Shipping Co., 2 Cir., 1945, 152 F.2d 658; Anderson v. Lorentzen, 2 Cir., 160 F.2d 173; Lauro v. United States, 2 Cir., 162 F.2d 32; Guerrini v. United States, ......
  • Brabazon v. Belships Co.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • March 26, 1953
    ...Cir., 1952, 194 F.2d 584; Cookingham v. United States, supra; Guerrini v. United States, 2 Cir., 1948, 167 F.2d 352; Boyce v. Seas Shipping Co., 2 Cir., 1945, 152 F.2d 658. At most the evidence indicates that no one in Brabazon's gang put it there and thus that it may well have been there t......
  • McDonald v. Dingwall Shipping Company, 1948.
    • United States
    • U.S. District Court — Southern District of Texas
    • May 27, 1954
    ...the injury. Shannon v. Union Barge Line, 3 Cir., 194 F. 2d 584; Cookingham v. United States, 3 Cir., 184 F.2d 213; Boyce v. Seas Shipping Co., 2 Cir., 152 F.2d 658; Adamowski v. Gulf Oil Corp., D.C., 93 F.Supp. The cases upon which the Libelant places principal reliance, Pope & Talbot, Inc.......
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