Cleary v. United States Lines Company, 554
| Decision Date | 02 June 1969 |
| Docket Number | No. 554,Docket 33126.,554 |
| Citation | 411 F.2d 1009 |
| Parties | Daniel CLEARY, Libellant (Plaintiff) Appellee, v. UNITED STATES LINES COMPANY, Respondent-Petitioner-Appellant (Defendant and Third-Party Plaintiff-Appellant), v. T. HOGAN & SONS, INC., Respondent-Impleaded-Appellant (Third-Party Defendant-Appellant). |
| Court | U.S. Court of Appeals — Second Circuit |
Daniel J. Dougherty, New York City (Kirlin, Campbell & Keating, and Craig D. Walley, New York City, on the brief), for United States Lines Co. Frank A. Fritz, New York City (Bleakley, Platt, Schmidt, Hart & Fritz and Craig D. Walley, New York City, on the brief), for T. Hogan & Sons, Inc.
Chester A. Hahn, New York City (Sylvia Miller, New York City, on the brief), for appellee.
Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and WYATT, District Judge.*
On October 7, 1963, appellee a longshoreman in the employ of appellant T. Hogan & Sons, Inc., was working as a hi-lo driver stowing cargo in the lower hold of the No. 6 hatch of the S.S. PIONEER MYTH, a vessel owned by appellant United States Lines Company. When the hatch was "pretty full," an uncrated but bound bundle of automobile chassis was lowered into the hold and stowed lengthwise so that the front or narrow ends of the chassis were in the square of the hatch. After these had been stowed, the appellee parked his hi-lo machine in the square and stood in the wing under the overhang. The trial court found that this was the only available safe position in the hatch, D.C., 287 F.Supp. 601.
The winchman then lowered three cases, estimated between 6 to 8 feet wide and 10 feet long, into the hatch to a point where they struck the chassis and knocked them over on top of the appellee, who in consequence suffered severe injuries. Thereafter he brought this action to recover damages based upon the alleged unseaworthiness and negligence of the SS. PIONEER MYTH. After a trial before the court, the appellee was awarded a $128,659.18 judgment on the theory of unseaworthiness against the shipowner who recovered a judgment of indemnity against the third party defendant stevedore. The defendant and third party defendant appeal from those judgments.
It is now clear that a ship is rendered unseaworthy by a longshoreman's negligent use of seaworthy equipment. Candiano v. Moore-McCormack Lines, Inc., 382 F.2d 961 (2 Cir. 1967). The only issue in this appeal, therefore, is the lower court's determination that the winchman acted negligently in spotting the up-and-down...
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