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Kirincich v. Standard Dredging Co - 112 F.2d 163 (3d Cir. 1940)

Rule:

The man who has fallen overboard thanks to modern safety laws stands a very good chance of again reaching his vessel. Even though not a swimmer the dire emergency of the situation will often enable a man to somehow fight to the life ring and cling on.

Facts:

Stefan Kirincich was a deck-hand employed on the dredge of Defendant Standard Dredging Company at the time of his fatal accident. Defendant lacked buoyant lifesaving rope and Stefan drowned, adespite several attempts to save him. Plaintiff Franck Kirincich, the administrator of the Estate Stefan Kirincich, filed a libel suit against Defendant to recover for Stefan's death.  The district court ruled against Kirincich and he filed an appeal.

Issue:

Was the employer liable for damages for the death of intestate, the dredging company's employee?

Answer:

Yes.

Conclusion:

The appellate court vacated the ruling and remanded to the district court iwith directions to enter an interlocutory decree fixing the dredging company's liability, to be followed by the determination of the damages to which the Estate is entitled, and the entry of a final decree pursuant to such determination.  The court held that untaken precaution would have prevented the fatal accident.

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