Will Foster v. Lykes Bros. Steamship Company, Inc.

Fifth Circuit

Will Foster v. Lykes Bros. Steamship Company, Inc.

368 F.2d 326

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 12, 1966

Docket23120_1

StatusPublished

Cited by3 cases

This text of 368 F.2d 326 (Will Foster v. Lykes Bros. Steamship Company, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Will Foster v. Lykes Bros. Steamship Company, Inc., 368 F.2d 326 (5th Cir. 1966).

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Opinion

PER CURIAM.

This is a suit in admiralty by a longshoreman for injuries sustained aboard *327 a vessel of the defendants while it was being loaded at a wharf in New Orleans. Appellant has received the compensation due him under the Longshoremen’s and Harbor Workers’ Compensation Act, but further contends that he is entitled to recovery because the vessel was unseaworthy. The District Court granted summary judgment for the defendant.

Careful consideration of the record, including the deposition of the plaintiff, reveals no indication of unseaworthiness and that there was no genuine issue of fact thereasto. We must affirm. Admiralty Rule 58; Neal v. Lykes Bros. Steamship Co., 5 Cir., 1962, 306 F.2d 313; McQuiston v. Freighters and Tankers Steamship Company, 5 Cir., 1964, 327 F.2d 746.

Affirmed.

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PER CURIAM.

This is a suit in admiralty by a longshoreman for injuries sustained aboard *327 a vessel of the defendants while it was being loaded at a wharf in New Orleans. Appellant has received the compensation due him under the Longshoremen’s and Harbor Workers’ Compensation Act, but further contends that he is entitled to recovery because the vessel was unseaworthy. The District Court granted summary judgment for the defendant.

Careful consideration of the record, including the deposition of the plaintiff, reveals no indication of unseaworthiness and that there was no genuine issue of fact thereasto. We must affirm. Admiralty Rule 58; Neal v. Lykes Bros. Steamship Co., 5 Cir., 1962, 306 F.2d 313; McQuiston v. Freighters and Tankers Steamship Company, 5 Cir., 1964, 327 F.2d 746.

Affirmed.

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368 F.2d 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/will-foster-v-lykes-bros-steamship-company-inc-ca5-1966.

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