111 F.Supp. 505 (E.D.N.Y. 1953), Civ. A. 11520, Palazzolo v. Pan Atlantic S. S. Corp.

Docket Nº:Civ. A. 11520
Citation:111 F.Supp. 505
Party Name:Palazzolo v. Pan Atlantic S. S. Corp.
Case Date:April 07, 1953
Court:United States District Courts, 2nd Circuit, Eastern District of New York
 
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Page 505

111 F.Supp. 505 (E.D.N.Y. 1953)

PALAZZOLO

v.

PAN ATLANTIC S.S. CORP. et al.

PAN ATLANTIC S.S. CORP.

v.

RYAN STEVEDORING CO., Inc.

Civ. A. No. 11520.

United States District Court, E.D. New York

April 7, 1953

Fink & Frank, New York City, Jacquin Frank, New York City, of counsel, for plaintiff.

Gay & Behrens, New York City, Edward J. Behrens, New York City, of counsel, for defendants and third party plaintiff.

Alexander Ash, New York City, Sidney J. Schwartz, New York City, of counsel, for third party defendant,

INCH, Chief Judge.

At the trial of this personal injury action the jury rendered a verdict in favor of plaintiff against the defendant, Pan-Atlantic Steamship Corporation (hereinafter called 'Pan-Atlantic'), charterer of the S.S. Canton Victory.

At a pretrial conference plaintiff agreed to discontinue the action as against the defendant, Waterman Steamship Corporation.

Plaintiff, a longshoreman employed by Ryan Stevedoring Co., Inc., was seriously injured aboard the S.S. Canton Victory when he was struck by a roll of paper pulp during the discharge of the vessel's cargo at Brooklyn, N.Y. The theory of plaintiff's

Page 506

claim was that the cargo of paper pulp was improperly stowed. The loading of the cargo at Brooklyn, N.Y., were both performed by plaintiff's employer, Ryan Stevedoring Co., Inc. (hereinafter called 'Ryan').

It was agreed among the parties that the only matter to be submitted to the jury was Pan Atlantic's liability to plaintiff, and, in the event of a recovery, that the Court alone should determine the issues of fact and law presented by Pan-Atlantic's third party complaint for indemnity over against Ryan.

In accordance with the allegations of plaintiff's complaint, and in line with the theory upon which the case was tried, the jury was charged as to unseaworthiness and negligence. The jury thereupon rendered a general verdict in favor of plaintiff against Pan-Atlantic in the sum of $75,000, and the matter now presented for determination is Pan-Atlantic's claim for indemnity against Ryan, the third party defendant.

It is conceded that plaintiff's employer, Ryan, has complied with the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., and it is also conceded that there was no written contract of indemnity between Ryan and Pan-Atlantic.

It is...

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