Elsie B. Allen, George D. Allen v. Matson Navigation Company, a Corporation

The appellants, who are husband and wife, and residents and citizens of Florida, brought this action against appellee Matson Navigation Company, a California corporation, to recover damages resulting from a fall which Mrs. Allen suffered while a passenger upon the Matson Steamship Lurline.

Mrs. Allen sought damages for personal injuries received by her in the fall, and Mr. Allen sought recovery for sums expended for the care and treatment, and for the loss of the society, services and consortium of his wife. Upon trial before a jury a verdict was returned in favor of each plaintiff and judgments entered thereon. The defendant had moved for directed verdicts in its favor, upon which the court reserved ruling, and after verdict and judgment against it, it moved for judgment notwithstanding the verdict. The motion was granted, and judgment notwithstanding the verdict was entered. It is from that judgment that this appeal is taken.

Plaintiffs went to trial upon a complaint which alleged that on October 1, 1953, while the ship was being docked and berthed in San Francisco, and before the discharge of her passengers, and when plaintiffs were passing over a landing upon a stairway,…

Order upon Petition for Rehearing

The petition for rehearing would have this court modify its opinion to permit the district court to consider anew the defendant-appellee’s motion for new trial. Our decision does not reach that question. The district court will be free upon remand to consider said motion upon its merits. For the reason that the petition requests something that is unnecessary the petition is denied. This court does not intend to intimate that the said motion should or should not be granted.

255 F.2d 273 Elsie B. ALLEN, George D. Allen, Appellants, v. MATSON NAVIGATION COMPANY, a corporation, Appellee. No. 15463. United States Court of Appeals Ninth Circuit. April 7, 1958. Rehearing Denied June 5, 1958. M. Mitchell Bourquin, Guernsey Carson, San Francisco, Cal., McCune, Hiaasen, Kelley & Crum, Carl A. Hiaasen, Fort Lauderdale, Fla., for appellant. Brobeck, Phleger & Harrison, Samuel L. Holmes, San Francisco, Cal., for appellee. Before STEPHENS, Chief Judge, and POPE and CHAMBERS, Circuit Judges. POPE, Circuit Judge. 1 The appellants, who are husband and wife, and residents and citizens of Florida, brought this action against appellee Matson Navigation Company, a California corporation, to recover damages resulting from a fall which Mrs. Allen suffered while a passenger upon the Matson Steamship Lurline. 2 Mrs. Allen sought damages for personal injuries received by her in the fall, and Mr. Allen sought recovery for sums expended for the care and treatment, and for the loss of the society, services and consortium of his wife. Upon trial before a jury a verdict was returned in favor of each plaintiff and judgments entered thereon. The defendant had moved for…