Smith v. M/V GISNA, 22525.
Decision Date | 14 June 1966 |
Docket Number | No. 22525.,22525. |
Citation | 362 F.2d 164,1966 AMC 2036 |
Court | U.S. Court of Appeals — Fifth Circuit |
Parties | Arthur SMITH, Appellant, v. M/V GISNA, Her engines, tackle, apparel, and furniture, et al., Appellees. |
Lionel L. Layden, Mobile, Ala., Harold J. Lamy, New Orleans, La., for appellant.
Alex T. Howard, Jr., W. Boyd Reeves, John H. Tappan, Mobile, Ala., McCorvey, Turner, Johnstone, Adams & May, Mobile, Ala., of counsel, for appellees.
Before RIVES and WISDOM, Circuit Judges, and MORGAN, District Judge.
Smith, a longshoreman, filed a libel in rem and in personam to recover damages for personal injuries. The vessel and owners impleaded Ryan Stevedoring Company for whom Smith was working at the time of his injury, and Ryan undertook the defense of the action.
The following facts, as found by the district court, were established without any dispute:
The district court entered the following as "Conclusions of Law":
The only issue is whether Smith sustained his injuries as the result of not being furnished a safe place to work, or, more specifically, whether the particular rig being used by Ryan for loading the rolls of paper was seaworthy.1
Smith seeks to avoid the "clearly erroneous" hurdle of McAllister2 by arguing that the basic facts are not in dispute and that the issue presents "a matter of judgment predicated on facts clearly established by all the testimony." It is true that Smith's serious injuries and the facts immediately attending the accident are all undisputed. A recent opinion by Judge Friendly for the Second...
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