(Download) "Panama Agencies Co. v. Franco." by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Panama Agencies Co. v. Franco.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 19, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Appellant, Panama Agencies Company, is a stevedoring company operating at Cristobal, Canal Zone, and appellee, Emenejildo Franco, was on Sept. 23, 1937, a longshoreman employed by it in loading the steamship Director, moored at a Cristobal pier. A heavy steel girder about twelve inches wide which supports the hatch covering had been by appellants men, in Francos absence, placed on its narrow edge on the deck near the hatch combing. Franco was ordered by the foreman to strike another girder which had been placed across the hatch, to make it fall into place. The vibration caused the first mentioned girder to fall over against Francos leg, crushing it against the hatch-combing. A year later Franco sued appellant in the District Court of the Canal Zone alleging negligence in failing to provide competent and careful supervisors of the work, in placing the girder in an unsafe manner so as easily to fall, and in directing plaintiff to work in an unsafe and hazardous place aboard the steamship. The answer denied negligence, set up assumption of obvious risk, and recklessness on plaintiffs part; and that on May 5, 1938, for a sufficient consideration plaintiff had under seal released defendant from all consequences, and that no part of the consideration then paid had been returned. The case went to trial as a law suit before a jury, and a verdict was rendered for the plaintiff. On this appeal the questions argued are: (1) Does the "Jones Act" apply? (2) Is the release a bar, the consideration not having been tendered back? (3) Ought the validity of the release to have been tried by the Court, apart from the jury trial? (4) Ought a verdict to have been directed for defendant?
 "Panama Agencies Co. v. Franco." by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free){kind=link}