Guzzi v. Seas Shipping Company, Inc.
| Decision Date | 15 October 1959 |
| Docket Number | Docket 25037.,No. 21,21 |
| Citation | 270 F.2d 714 |
| Parties | Louis J. GUZZI, Plaintiff-Appellant, v. SEAS SHIPPING COMPANY, Inc., Defendant-Appellee. |
| Court | U.S. Court of Appeals — Second Circuit |
Harvey Goldstein, New York City (Benjamin B. Sterling, New York City and S. Eldridge Sampliner, Cleveland, Ohio, on the brief), for plaintiff-appellant.
John J. Crowley, New York City (Frank I. Fallon, Scarsdale, N. Y., and Burlingham, Hupper & Kennedy, New York City, on the brief), for defendant-appellee.
Before LUMBARD, WATERMAN and FRIENDLY, Circuit Judges.
This is an action for damages alleged to have been suffered by appellant, chief electrician for many years on defendant's ship, SS Robin Wentley, as the result of an attack by McNamara, a messman on the Wentley. Plaintiff withdrew so much of his claim as had alleged unseaworthiness of the vessel and had sought maintenance and cure and went to trial before Judge Bicks and a jury solely on his claim predicated upon the Jones Act, 46 U.S.C.A. § 688.
The only evidence as to liability came from the plaintiff. His testimony was that while the Wentley was in port in South Africa, plaintiff and the vessel's fourth mate were standing near the gangway early in the afternoon; that McNamara, who, shortly before, had served the plaintiff lunch without incident, returned from shore leave and mounted the gangway; that McNamara was "wobbling back and forth" and the mate said, "Here comes up another drunk"; that plaintiff walked away "to avoid an argument"; that, as McNamara stepped on the deck, McNamara said in a "rough voice" that plaintiff had been "on the ship too long" and that McNamara was "going to beat him up"; that McNamara made no attempt to follow plaintiff but walked directly into a passageway leading to McNamara's quarters; that plaintiff, five or six minutes later, regarding the matter as ended and having no fear of any assault, retraced his steps and entered the same passageway that McNamara had used although he could as readily have reached his destination by other routes; and that McNamara then started after plaintiff and struck him on the shoulder, with resulting injuries. Plaintiff admitted that there had been no prior incidents of misbehavior by McNamara and that neither plaintiff nor anyone else on the ship had had any trouble with him.
At the close of plaintiff's case the trial judge, stating that he was "not unmindful of those decisions of the...
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Lambert v. Morania Oil Tanker Corp.
...that Pfaudler had a propensity for violence and nonetheless negligently hired him or retained him in its employ. See Guzzi v. Seas Shipping Co., 270 F.2d 714 (2d Cir. 1959). Like the district court, we are not prepared to accept plaintiff's argument that the expansive definition of negligen......
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McKinley v. Afram Lines (USA) Co., Ltd., Civ. A. No. 92-10372-H.
...to plaintiff against which defendant, as the owner of the S.S. Tampa Bay, had the duty to guard. See, e.g., Guzzi v. Seas Shipping Company, Inc., 270 F.2d 714, 715 (2nd Cir.1959) (upholding allowance of motion to dismiss at close of the plaintiff's evidence given lack of evidence that assai......
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Georges v. American Export Lines, Inc.
...22 ALR 3d 624, Liability Under Jones Act or Seaworthiness Doctrine for Injuries Caused by Assault, § 3, at p. 634; See, Guzzi v. Seas Shipping Co., Inc., 270 F.2d 714). In its brief, American contends that there was no "foreseeable risk" since the trial court found, in dismissing the unseaw......
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Lameire v. F/V Resolute, 553631
...439 F.2d 792, 793 (9th Cir.1971) (citing Boorus v. West Coast Trans-Oceanic S.S., 299 F.2d 893 (9th Cir.1962); Guzzi v. Seas Shipping Co., 270 F.2d 714 (2d Cir.1959); Connolly v. Farrell Lines, Inc., 268 F.2d 653 (1st Cir.1959)). There is no evidence in the record indicating Nyugen constitu......