N. v. Stoomvaart Maatschappij "nederland", Appellant, v. Genevieve Throner et al., Appellees, 345 F.2d 472 (5th Cir. 1965)

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US Court of Appeals for the Fifth Circuit - 345 F.2d 472 (5th Cir. 1965) May 20, 1965

William C. Norwood, Miami, Fla., Fowler, White, Gillen, Humkey & Trenam, Miami, Fla., of counsel, for appellant.

James A. Dixon, Jr., Joseph C. Brannen, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for appellees.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and DYER, District Judge.


The evidence in this suit for damages resulting from personal injuries sustained by a ship passenger demonstrated that the passenger may have been in a situation of danger, and that under the circumstances appellant may have owed a duty to the passenger to warn her of the danger. Questions for the jury were thus presented and the court did not err in denying appellant's motion for directed verdict.