211 F.2d 277 (2nd Cir. 1954), 164, Palazzolo v. Pan-Atlantic S.S. Corp.

Docket Nº:164, 22930.
Citation:211 F.2d 277
Party Name:PALAZZOLO v. PAN-ATLANTIC S.S. CORP. PAN-ATLANTIC S.S. CORP. v. RYAN STEVEDORING CO., Inc.
Case Date:March 25, 1954
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 277

211 F.2d 277 (2nd Cir. 1954)

PALAZZOLO

v.

PAN-ATLANTIC S.S. CORP.

PAN-ATLANTIC S.S. CORP.

v.

RYAN STEVEDORING CO., Inc.

Nos. 164, 22930.

United States Court of Appeals, Second Circuit.

March 25, 1954

Argued Feb. 2, 1954.

Page 278

Plaintiff, a longshoreman employed by Ryan Stevedoring Co., Inc., was 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 S.S. Canton Victory was operated and managed by defendant, Pan-Atlantic Steamship Corporation, under a bareboat charter. The loading of the cargo at Georgetown, South Carolina, and the discharge of the cargo at Brooklyn, New York, were both performed by plaintiff's employer, Ryan Stevedoring Company. Plaintiff alleged that Pan-Atlantic had negligently caused or allowed the cargo of paper pulp rolls to be stowed in an improper and unsafe manner, and that the improper stowage resulted in plaintiff's being crushed by a 'jumping' roll of pulp during the discharge of cargo. Plaintiff further alleged that defendant had failed to provide him with a seaworthy vessel. Pan-Atlantic impleaded Ryan Stevedoring Company, claiming indemnity on the ground that any negligence or unseaworthiness was due solely to Ryan since it had exclusive control of loading and unloading the S.S. Canton Victory. 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. The jury rendered a verdict of $75, 000 for plaintiff against Pan-Atlantic and judgment was awarded thereon. The court awarded judgment together with costs to Ryan in the third-party action. Pan-Atlantic appeals from both judgments.

David M. Fink & Jacquin Frank, New York City (Jacquin Frank, New York City, of counsel), for plaintiff-appellee.

Gay & Behrens, New York City (Edward J. Behrens, Charles H. Lawson and James A. Hageman, New York City, of counsel), for defendant-appellant.

Alexander & Ash, New York City (Sidney A. Schwartz, New York City, of counsel), for third-party defendant-appellee.

Before CLARK, FRANK and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

Defendant-appellant, Pan-Atlantic, has...

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