DISTRICT COURT, E.D. NEW YORK
October 9, 1940
OAKES et al.
UNITED STATES et al.
In my opinion in the above entitled suit dated October 4, 1940, I stated in the 6th paragraph on page 869, [35 F.Supp. 869] as follows: "The mere fact that libellant's decedent came to his death by drowning within the water does not change the nature of the tort."
Since the rendering of that opinion there has been brought to my attention, that which I did not know before, that the libellant's decedent's injuries were suffered on January 10, 1939 and the death certificate, which is dated January 11, 1939, states as follows: "Intra Thoracic and retro peintoneal hemorrhage gangrenous tissue of left thigh following external force."
It therefore appears that the cause of death was not drowning, but as stated in the Certificate, therefore, my opinion will be corrected by stating the cause of death as aforesaid.
This, however, makes no change in my decision, as it was of no moment where the decedent came to his death, as the only question was, as to where the decedent was at the time of the act, which was the proximate cause of death towit the striking of the Bridge by the S.S. "Waukegan".
With the correction as to the cause of death, my opinion, as rendered, will stand.
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