Mascuilli v. United States
| Decision Date | 31 January 1966 |
| Docket Number | No. 15427.,15427. |
| Parties | Helen MASCUILLI, Administratrix of the Estate of Albert Mascuilli, Deceased, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Third Circuit |
Milton M. Borowsky, Philadelphia, Pa. (Abraham E. Freedman, Freedman, Borowsky & Lorry, Philadelphia, Pa., on the brief), for libellant-appellant.
Alan Raywid, Appellate Section, Civil Div., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.
Before McLAUGHLIN, HASTIE and SMITH, Circuit Judges.
This case is before us for the second time. In our judgment, upon consideration of the whole record, including, inter alia, appellant's thorough statements of her view of the questions involved, the findings of fact by the trial court that the vessel and its equipment were in a seaworthy condition at all times throughout the loading operations and that the accident was caused solely by the negligent operation of the stevedoring crew as stated in finding of fact #35, are not clearly erroneous. We find that the error, if any, is clearly not substantial in the references to the signal man, Majdowski in the trial findings of fact and conclusions of law. We have examined appellant's point with reference to the trial court's reassessment of damages. There is no necessity or use of our passing upon that argument.
The judgment of the district court will be affirmed.
To continue reading
Request your trial
-
Candiano v. Moore-McCormack Lines, Inc.
... ... JOHN W. McGRATH CORPORATION, Third-Party Defendant-Appellee ... No. 243, Docket 30696 ... United States Court of Appeals Second Circuit ... Submitted August 15, 1967 ... Decided December 4, ... for rehearing is the claim that this court misinterpreted the Supreme Court's decision in Mascuilli v. United States, 387 U.S. 237, 87 S.Ct. 1705, 18 L.Ed.2d 743 (May 22, 1967) in relying upon that ... ...
-
Hanks v. California Company, Civ. A. No. 9795.
... ... Supp. 730 ... Richard D. HANKS ... The CALIFORNIA COMPANY ... Civ. A. No. 9795 ... United States District Court W. D. Louisiana, Lafayette Division ... November 9, 1967. 280 F. Supp ... Southern S. S. Co., 1944, 321 U.S. 96, 64 S.Ct. 455, 88 L.Ed. 561; Mascuilli v. United States, E.D.Pa.1960, 188 F.Supp. 754, 3 Cir. 1963, 313 F.2d 764, on remand 241 F.Supp ... ...
-
Tim v. American President Lines, Ltd.
... ... AMERICAN PRESIDENT LINES, LTD., a corporation, Appellee ... No. 22395 ... United States Court of Appeals Ninth Circuit ... March 18, 1969 ... Rehearing Denied April 15, 1969.409 ... Moore-McCormack Lines, Inc., 386 U.S. 724, 87 S.Ct. 1410, 18 L. Ed.2d 482 (1967) or Mascuilli v. United States, 387 U.S. 237, 87 S.Ct. 1705, 18 L. Ed.2d 743 (1967) ... Waldron ... ...
-
Venable v. A/S Det Forenede Dampskibsselskab
... ... A/S DET FORENEDE DAMPSKIBSSELSKAB, Appellee ... No. 11799 ... United States Court of Appeals Fourth Circuit ... Argued January 8, 1968 ... Decided June 12, 1968 ... Recently in Mascuilli v. United States, 387 U.S. 237, 87 S.Ct. 1705, 18 L.Ed.2d 743 (1967), the Court was squarely ... ...