Norman Landsburg, Administrator of the Estate of John Smith, Deceased v. Acadia Overseas Freighters, Limited, and the Victoria County

Third Circuit

Norman Landsburg, Administrator of the Estate of John Smith, Deceased v. Acadia Overseas Freighters, Limited, and the Victoria County

219 F.2d 440, 1955 U.S. App. LEXIS 4738, 1955 A.M.C. 536

Court of Appeals for the Third Circuit·Decided March 4, 1955·No. 11467_1·Published·Cited by 1 cases

Opinion

PER CURIAM.

This is an appeal from a judgment for the defendant in a suit for personal injuries suffered by a stevedore who was engaged, with others, in cleaning a ship. The case is here for the second time. See Smith v. Acadia Overseas Freighters, 3 Cir., 1953, 202 F.2d 141.

It is now clear that the duty owed to a stevedore, so far as seaworthiness is concerned, is the same as that owed to members of the crew. Alaska Steamship Co., Inc. v. Petterson, 1954, 347 U.S. 396, 74 S.Ct. 601, 98 L.Ed. 798.

But the district judge found as a fact that the extension ladder which it is alleged hurt the plaintiff’s finger was one with which he could find nothing wrong. He concludes “consequently, so far as this ladder is concerned, I can find no element of unseaworthiness.” This finding is supported by direct' testimony as we read the record, and testimony which is worthy of credence. See McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6.

The judgment of the district court will be affirmed.

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PER CURIAM.

This is an appeal from a judgment for the defendant in a suit for personal injuries suffered by a stevedore who was engaged, with others, in cleaning a ship. The case is here for the second time. See Smith v. Acadia Overseas Freighters, 3 Cir., 1953, 202 F.2d 141.

It is now clear that the duty owed to a stevedore, so far as seaworthiness is concerned, is the same as that owed to members of the crew. Alaska Steamship Co., Inc. v. Petterson, 1954, 347 U.S. 396, 74 S.Ct. 601, 98 L.Ed. 798.

But the district judge found as a fact that the extension ladder which it is alleged hurt the plaintiff’s finger was one with which he could find nothing wrong. He concludes “consequently, so far as this ladder is concerned, I can find no element of unseaworthiness.” This finding is supported by direct' testimony as we read the record, and testimony which is worthy of credence. See McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6.

The judgment of the district court will be affirmed.

Norman Landsburg, Administrator of the Estate of John Smith, Deceased v. Acadia Overseas Freighters, Limited, and the Victoria County, 219 F.2d 440, 1955 U.S. App. LEXIS 4738, 1955 A.M.C. 536 (3d Cir. 1955).

Pincite

219 F.2d 440 (Norman Landsburg, Administrator of the Estate of John Smith, Deceased v. Acadia Overseas Freighters, Limited, and the Victoria County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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