Redman v. United Fruit Co., 82
| Decision Date | 01 December 1950 |
| Docket Number | No. 82,Docket 21798.,82 |
| Citation | 185 F.2d 553 |
| Parties | REDMAN v. UNITED FRUIT CO. |
| Court | U.S. Court of Appeals — Second Circuit |
Nathan Baker, Hoboken, N. J., for John J. Redman, Libellant-Appellant; Nathan Baker, Hoboken, N. J., and Anthony J. Randolph, New York City, Advocates.
Glenney, Mathews & Hampton, and Michael A. Hayes, all of New York City, for United Fruit Company, Respondent-Appellee; Walter L. Glenney, New York City, Advocate.
Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.
The libellant sued to recover for injuries which he suffered on July 25, 1944, through the collapse of a wooden scaffold on the Steamship Leonatus. The suit was originally brought against the United States, the War Shipping Administration, the Danish Ship Operating Corporation, the Chelsea Ship Repair Company, respondents, and Robert Banks & Co., impleaded respondents. More than three years after the accident the Turbine Engineering Corporation and United Fruit Company were brought in as additional respondents.
Judge Bondy, who presided at the original trial, dismissed the libel on the merits except as against the Turbine Engineering Corporation and the United Fruit Company, and dismissed it against the latter two because of libellant's laches in not bringing them into the suit until some four months after the New York statute of limitations had expired. Redman v. U. S., D. C., 86 F.Supp. 41. On appeal this Court held, in an opinion by Judge Swan, that the evidence was such as to justify the inference that the insecure condition of the scaffold from which the libellant fell and suffered injuries was caused by the handling of the mooring lines when the vessel was being shifted by the United Fruit Company and longshoremen acting under its orders.
In accordance with our practice in such cases, we followed the local statute of limitations by analogy, but remanded the cause for further consideration of the defense of laches because as Judge Swan said: "the laches point was not suggested by any one until after the libellant had rested; * * * Had it been raised sooner conceivably the libellant might have been able to furnish proof of facts that would have tolled the statute of limitation or excused its apparent laches." Redman v. U. S., 2 Cir., 176 F.2d 713, 716.
When the cause came up for consideration after the order remanding it, Judge Ryan, who presided at the trial, found that "libellant suffered and sustained his injuries solely by reason of the negligence of the respondent, United Fruit Company" and thus adopted the conclusion reached in Judge Swan's opinion which we have referred to above.
The only issue before us is whether the libellant has shown special circumstances excusing his delay in bringing suit until after the statute of limitations had run, or has proved that no detriment resulted to United Fruit Company by reason of the delay. We think that he has furnished no sufficient excuse for his delay in bringing suit. Such was the view of Judge Bondy and of Judge Ryan, and our own conclusion on the former appeal.
The question remains whether the United Fruit Company has been shown not to be prejudiced by the delay. Judge Ryan...
To continue reading
Request your trial
-
Dawson v. Fernley & Eger
...v. Northwest Marine Iron Works, 9 Cir., 212 F.2d 510; Kane v. Union of Soviet Socialist Republics, 3 Cir., 189 F.2d 303; Redman v. United Fruit Co., 2 Cir., 185 F.2d 553; Redman v. United States, 2 Cir., 176 F.2d 713; Morales v. Moore-McCormack Lines, Inc., 5 Cir., 208 F.2d 218. We think it......
-
Larios v. Victory Carriers, Inc.
...Language along these lines can indeed be found in this Court's two opinions in Redman v. United States, 176 F.2d 713, 715 (1949) and 185 F.2d 553 (1950), the first of which cited the McGrath and Marshall cases, supra. But both Redman opinions antedated the Supreme Court's Gardner decision; ......
-
Long Island Railroad Co. v. The New York Central No. 25
...the statute had run does not justify overlooking his delay in asserting his claim past the period of the statute." Redman v. United Fruit Co., 2 Cir., 1950, 185 F.2d 553, 554. Perhaps the result would be different were this a case in which Lehigh would be expected to know of its involvement......
-
Mroz v. Dravo Corporation
...(E.D.N.Y.1957). 10 Cf. McAllister v. Magnolia Petro. Co., 357 U.S. 221, 78 S.Ct. 1201, 2 L.Ed.2d 1272 (1958). 11 Cf. Redman v. United Fruit Co., 185 F.2d 553 (2d Cir. 1950); Redman v. United States, 176 F.2d 713 (2d Cir. 1949); United States v. Alex Dussel Iron Works, 31 F.2d 535 (5th Cir. ......