Koehler v. Presque-Isle Transp. Co.
| Decision Date | 24 March 1944 |
| Docket Number | No. 279.,279. |
| Citation | 141 F.2d 490 |
| Parties | KOEHLER v. PRESQUE-ISLE TRANSP. CO. |
| Court | U.S. Court of Appeals — Second Circuit |
Sanders, Hamilton, Dobmeier, Connelly & McMahon, of Buffalo, N. Y. (Harry D. Sanders and John F. Connelly, both of Buffalo, N. Y., of counsel), for appellant.
Desmond & Drury, of Buffalo, N. Y. (John E. Drury, Jr., of New York City, of counsel), for appellee.
Before CHASE, CLARK, and FRANK, Circuit Judges.
This is an action for injuries suffered while plaintiff was in the employment of defendant as a seaman. The complaint stated that plaintiff elected to maintain the action under the Jones Act, 46 U.S.C.A. § 688. At the trial before a judge and jury, the testimony showed the following: Plaintiff and a fellow-seaman, Todd, were both wheelsmen employed on the S. S. "Angeline," owned by defendant, and engaged in traffic on the Great Lakes. There was testimony that on October 20, 1940, when the ship was docked at Milwaukee, Wisconsin, Todd had deliberately picked a fight on the dock with another seaman, employed on the ship, whom Todd then "beat up" in the presence of the second mate. There was also testimony as follows: About a month later, on November 21, 1940, when the ship was docked at Buffalo, New York, Todd, who was to succeed plaintiff on watch, came aboard the boat; he yelled at plaintiff, swearing and calling him names; as plaintiff was walking along the passageway in the crew's quarters towards his room, Todd called him from his (Todd's) room; plaintiff entered and asked what was the matter, and Todd struck him; the third mate, who was in the room with Todd, seized the plaintiff and told him to go ashore "until this blows over"; plaintiff did go ashore and returned in about an hour and a half; when he returned, Todd was waiting for him at the ladder and struck him almost knocking him off the ladder; plaintiff jumped on the deck and Todd then immediately attacked him again, knocking him down and kicking him twice in the chest, once in the face and in his leg and groin; plaintiff tried to get up but could not defend himself. Plaintiff had told the second mate, who was then in charge of the ship, of the first encounter and that Todd had attacked him; there was evidence from which the jury could properly infer that the second mate had seen Todd sitting by the ladder and knew that Todd was waiting for the plaintiff to return. Some of this testimony was contradicted by witnesses whose testimony was such that if the jury had believed it they could not properly have brought in a verdict for plaintiff.
At the close of plaintiff's case, the defendant moved to dismiss the complaint. This motion was denied. At the close of all the testimony, defendant moved for the direction of a verdict in its favor, on the ground that the plaintiff failed to show the defendant knew or had notice that Todd was of a vicious or belligerent character, that the altercation between the plaintiff and Todd was a purely personal affair, and on the ground that Todd was not acting within the scope of his authority or in the interest of the defendant. Upon this motion the Court reserved decision. The Court submitted the case to the jury for a general verdict and also submitted to it the following three special questions:
The jury answered the three questions in the affirmative and returned a general verdict in favor of the plaintiff in the amount of $3,000. The court then said that it would grant defendant's motion for a directed verdict, but, upon subsequent reconsideration, decided to let the verdict stand and entered judgment accordingly. From that judgment defendant appeals.
The jury could properly make inferences from the evidence sufficiently supporting its general verdict and its answers to the special questions. Accordingly, the judgment must stand. An...
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...a common law action for negligence, although recovery is more liberally allowed. See Edelman, Maritime Injuries and Death (1960), commenting on Koehler v. Presque-Isle Transp. Co., 141 F.2d 490 (2d Cir.), cert. denied, 322 U.S. 764, 64 S.Ct. 1288, 88 L.Ed. 1591 (1944). See also Deen v. Hick......
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...of a shipowner to his seamen is greater than that of the ordinary employer to his employees. See Koehler v. Presque-Isle Transportation Co., 2d Cir., 1944, 141 F.2d 490, 491. There is no case in point albeit the principle that the duty of the ship to supply safe egress and ingress was recog......
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