Lauro v. United States, 233

• Decision Date: 11 September 1946
• Docket Number: No. 233,Docket 20140.,233
• Parties: LAURO v. UNITED STATES.
• Court: U.S. Court of Appeals — Second Circuit

157 F.2d 416 (1946)

LAURO v. UNITED STATES.

No. 233, Docket 20140.

Circuit Court of Appeals, Second Circuit.

September 11, 1946.

Action by Maria R. Lauro, as administratrix of the goods, chattels, and credits of Peter Lauro, deceased, libelant, against the United States of America, respondent, to recover damages under the Public Vessels Act of 1925 for the death of Peter Lauro, deceased, on ground that respondent wrongfully caused deceased's death. From the judgment, 63 F.Supp. 538, the respondent and libelant appeal.

Question of law certified to the Supreme Court of United States.

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

PER CURIAM.

This cause coming on to be heard upon the appeal taken herein by United States of America, the respondent, and it appearing to the court that a writ of certiorari has been granted by the Supreme Court of the United States, American Stevedores, Inc., v. Porello, 66 S.Ct. 1013, to review the decree entered by this court in the case of Porello v. United States and American Stevedores, Inc., 2 Cir., 153 F.2d 605, and it also appearing to the court by an inspection of the transcript of the record upon the appeal in this cause, and as a result of the briefs and argument submitted by the proctors for the parties, that a question arises in this cause which was involved in the decision in the last mentioned cause:

Now therefore, this court hereby certifies to the Supreme Court of the United States the following question of law concerning which it desires the instructions of the Supreme Court for the proper decision of the appeal herein, under the following facts:

On May 27, 1943, Peter Lauro died as a result of injuries suffered by him on May 26, 1943, while he was employed by Marra Bros., contracting stevedores, on board respondent's vessel, designated as No. 596, which vessel was docked at Pier 4, Staten Island, New York. The death was caused by personal injuries suffered by Lauro when he fell from a hatch cover on the vessel's main deck into the hold. At the time of the accident, the vessel, No. 596, was owned by the United States of America, respondent, and had been allocated by the respondent to the United States Army. It was being loaded with cargo which was owned by the United States, and which consisted of Army and Navy property and Lend-Lease material which was being shipped to North Africa. Marra Bros., the employer of the deceased, was hired by the United States Army to load the vessel.

Thereafter,...