209 F.2d 53 (4th Cir. 1953), 6624, Ryan v. Bethlehem Sparrows Point Shipyard, Inc.

Docket Nº:6624.
Citation:209 F.2d 53
Case Date:December 12, 1953
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit

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209 F.2d 53 (4th Cir. 1953)




No. 6624.

United States Court of Appeals, Fourth Circuit.

December 12, 1953

Argued Nov. 10, 1953.

Robert E. Coughlan, Jr., Baltimore, Md. (Robert G. Sheller, Baltimore, Md., Joseph J. Brophy, New York City, and Lord, Whip and Coughlan, Baltimore, Md., on brief), for appellant.

Norman P. Ramsey, Baltimore, Md. (Rignal W. Baldwin, and Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

Ryan brought a civil action in the United States District Court for the District of Maryland against Bethlehem Sparrows Point Shipyard, Inc., (hereinafter called Bethlehem), seeking damages for

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personal injuries alleged to have been received by him as the result of Bethlehem's negligence. The District Judge, on motion of Bethlehem, dismissed Ryan's complaint. On appeal, we held the motion was improvidently granted and remanded the case for further proceedings, 4 Cir., 192 F.2d 636.

On remand, the motion to dismiss was again granted. This motion was argued before the District Judge on a stipulation embracing facts material to the controversy as well as upon the pleadings, interrogatories and answers thereto, requests for admissions and answers thereto and upon two written contracts. Ryan has again appealed to us.

Appellant's complaint stated:

' * * * on or about March 24, 1950, the Plaintiff was lawfully and rightfully on the premises of the Defendant and had been engaged in changing a valve on a machine in the hold of a vessel which was being constructed by the Defendant, its agents, servants and employees, at Defendant's shipyard, Sparrows Point, Maryland, said vessel being known as Hull No. 4478. * * * The Plaintiff further states that he had completed his work and at about 3:30 P.M., was in the act of leaving the aforesaid vessel and while carefully and prudently using the scaffolding, planking or catwalks suddenly and without warning gave way and collapsed, causing the Plaintiff to fall a distance of about twelve (12) feet and as a result thereof to sustain serious, painful and permanent injuries * * * .'

Appellee's motion to dismiss contained the following allegations:

'That the plaintiff was at the time of the accident an employee of the Carrier Corporation, a sub-contractor employed by the defendant to perform certain work necessary in the construction of said vessel and as such was under the coverage of the Workmen's Compensation Act of Maryland, Art. 101 Flack's Annotated Code of Maryland. That the defendant has secured compensation to its employees and their defendants in accordance with the provisions of the Workmen's Compensation Act, Art. 101, Flack's Annotated Code of Maryland, and...

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