Candiano v. Moore-McCormack Lines, Inc., No. 243
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | WATERMAN, MOORE and KAUFMAN, Circuit |
| Citation | 382 F.2d 961 |
| Docket Number | Docket 30696.,No. 243 |
| Decision Date | 01 August 1967 |
| Parties | Carmelo CANDIANO, Plaintiff-Appellee, v. MOORE-McCORMACK LINES, INC., Defendant-Appellant, v. JOHN W. McGRATH CORP., Third-Party Defendant-Appellee. |
382 F.2d 961 (1967)
Carmelo CANDIANO, Plaintiff-Appellee,
v.
MOORE-McCORMACK LINES, INC., Defendant-Appellant,
v.
JOHN W. McGRATH CORP., Third-Party Defendant-Appellee.
No. 243, Docket 30696.
United States Court of Appeals Second Circuit.
Argued December 13, 1966.
Decided August 1, 1967.
Martin J. McHugh, New York City (Joseph F. McGoldrick, McHugh & Leonard, James M. Leonard, New York City, on the brief), for defendant-appellant.
Ezekiel Jasper, New York City (Max D. Krongold, New York City, on the brief), for plaintiff-appellee.
Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.
MOORE, Circuit Judge:
Plaintiff, Carmelo Candiano (appellee), a longshoreman, employed by the stevedore, John W. McGrath Corporation (McGrath), was injured while working in the hold of the S.S. MORMACHAWK owned by Moore-McCormack Lines, Inc. (MORMAC). Plaintiff sued Mormac which impleaded McGrath as a third-party defendant. The district court adjudged Mormac liable to plaintiff in the sum of $50,000 and McGrath liable to Mormac for this amount plus Mormac's expenses for defending the action. Mormac appeals, represented on appeal by McGrath's counsel.
The facts as found by the trial court are accepted by appellant Mormac, which challenges only the conclusions of law based thereon. The injury was caused by a beam, which, while being lowered into the lower hold of the No. 3 hatch of the ship, fell and struck plaintiff. The beam was attached to the lowering mechanism by two hooks, one inserted in a hole at one end of the beam, the other hook in a hole at the other end. The operation of securing the beam was carried on by fellow employees. While the beam was being lowered, one of the hooks which apparently had not been fully brought through the hole and secured, became dislodged and the beam fell.
The trial court held that once the negligent attachment had been made, the ship was unseaworthy but also found that "There was an appreciable period of time after the hatch beam was secured to the cargo falls and before the beam fell off as it was being lowered." Whether such "an appreciable period of
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Grigsby v. Coastal Marine Service of Texas, Inc., No. 22451.
...order was signed by the full Court. 46 Candiano v. Moore-McCormack Lines, Inc., 2 Cir., 1967, 386 F.2d 444, on petition for rehearing of 382 F.2d 961, 1967 A.M.C. 2312; Alexander v. Bethlehem Steel Corp., 2 Cir., 1967, 382 F.2d 963, 1967 A.M.C. 47 Mahnich v. Southern S.S. Co., 1944, 321 U.S......
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Usner v. Luckenbach Overseas Corp, No. 47
...court unless the district judge or the Court of Appeals or a judge thereof shall so order.' 2. Compare Candiano v. Moore-McCormack, Lines, 382 F.2d 961 (CA2); Alexander v. Bethlehem Steel Corp., 382 F.2d 963 (CA2); Cleary v. United States Lines Co., 411 F.2d 1009 (CA2); and Venable v. A/S D......
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Candiano v. Moore-McCormack Lines, Inc., No. 243
...a rehearing and reconsideration of the opinion and decision of this court (August 1, 1967) in Candiano v. Moore-McCormack Lines, Inc., 382 F.2d 961, which resulted in an affirmance of a judgment entered on March 16, 1966, in favor of the plaintiff against appellant, for personal injuries su......
-
Petition of United States Steel Corporation, No. 19835-19839.
...are in no way inconsistent with those reached herein. The next year the Second Circuit in Candiano v. Moore-McCormack Lines, Inc., 382 F.2d 961 (2d Cir. 1967), affirming the decision reported at 251 F.Supp. 654 (S.D.N.Y. 1966) approved the establishment of a claimant's earning capacity by a......
-
Grigsby v. Coastal Marine Service of Texas, Inc., No. 22451.
...order was signed by the full Court. 46 Candiano v. Moore-McCormack Lines, Inc., 2 Cir., 1967, 386 F.2d 444, on petition for rehearing of 382 F.2d 961, 1967 A.M.C. 2312; Alexander v. Bethlehem Steel Corp., 2 Cir., 1967, 382 F.2d 963, 1967 A.M.C. 47 Mahnich v. Southern S.S. Co., 1944, 321 U.S......
-
Usner v. Luckenbach Overseas Corp, No. 47
...court unless the district judge or the Court of Appeals or a judge thereof shall so order.' 2. Compare Candiano v. Moore-McCormack, Lines, 382 F.2d 961 (CA2); Alexander v. Bethlehem Steel Corp., 382 F.2d 963 (CA2); Cleary v. United States Lines Co., 411 F.2d 1009 (CA2); and Venable v. A/S D......
-
Candiano v. Moore-McCormack Lines, Inc., No. 243
...a rehearing and reconsideration of the opinion and decision of this court (August 1, 1967) in Candiano v. Moore-McCormack Lines, Inc., 382 F.2d 961, which resulted in an affirmance of a judgment entered on March 16, 1966, in favor of the plaintiff against appellant, for personal injuries su......
-
Petition of United States Steel Corporation, No. 19835-19839.
...are in no way inconsistent with those reached herein. The next year the Second Circuit in Candiano v. Moore-McCormack Lines, Inc., 382 F.2d 961 (2d Cir. 1967), affirming the decision reported at 251 F.Supp. 654 (S.D.N.Y. 1966) approved the establishment of a claimant's earning capacity by a......