Felix Frankfurter

“ The French doors of this window extended to the level of the floor and he observed a sort of wholly unprotected ledge or balcony, which extended out from the building some two and a half or three feet. ”

“ In the face of evident danger, the care which Warren took was very slight-a mere casual glance at the rod which he thought to ba a 'lightning arrester or something of that type.' We think that a man who acts as he did under circumstances of danger does not show even a minimal degree of regard for the consequences of his act. Unless his ship is to be an insurer of his safety, he cannot recover against her.' 179 F.2d 919, 922.
I do not think the judgment of the Court of Appeals that the libellant's conduct was a 'deliberate act of indiscretion', Aguilar v. ”