Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Landsburg v. Acadia Overseas Freighters Ltd.

UNITED STATES COURT OF APPEALS, THIRD CIRCUIT.


decided.: March 4, 1955.

NORMAN LANDSBURG, ADMINISTRATOR OF THE ESTATE OF JOHN SMITH, DECEASED, APPELLANT,
v.
ACADIA OVERSEAS FREIGHTERS, LIMITED, AND THE VICTORIA COUNTY.

Before GOODRICH, KALODNER and STALEY, Circuit Judges.

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.

19550304

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.