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Darlington v. National Bulk Carriers Inc.

CIRCUIT COURT OF APPEALS, SECOND CIRCUIT


October 30, 1946

DARLINGTON
v.
NATIONAL BULK CARRIERS, INC.

Author: Frank

Before L. HAND, SWAN, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The cases make it clear that the safety of ships at sea might be seriously endangered were the rule in accordance with the judge's charge and not as stated in the requested charge.*fn1 We need not consider whether, in extraordinary circumstances, the well-settled rule might perhaps be inapplicable if orders given were outrageously absurd, for here there were no such circumstances or orders.

Reversed and remanded.*fn2


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