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HUMBLE OIL & REF. CO. v. PHILADELPHIA SHIP MAINTEN

February 26, 1970

HUMBLE OIL & REFINING COMPANY
v.
PHILADELPHIA SHIP MAINTENANCE CO., Inc.


Luongo, District Judge.


The opinion of the court was delivered by: LUONGO

Marion Domeracki, a longshoreman, was injured on September 25, 1964, while loading stores aboard the SS ESSO LIMA, a vessel owned and operated by plaintiff herein, Humble Oil & Refining Company (Shipowner). Domeracki's employer, Philadelphia Ship Maintenance Co., Inc., a stevedoring contractor (Stevedore), had been engaged by Shipowner to perform the loading operation. On April 12, 1965, Domeracki instituted suit against Shipowner seeking damages for the injuries he sustained. On March 3, 1966, Shipowner instituted the instant suit in admiralty against Stevedore seeking indemnification for losses sustained by Shipowner in the suit instituted against it by Domeracki. *fn1"

 
"1. Did defendant shipowner breach the absolute duty to furnish a safe and seaworthy vessel
 
(a) by furnishing defective equipment?
 
Yes X No
 
(b) by failing to furnish adequate equipment?
 
Yes X No
 
(c) by permitting an improper method of operation in the loading of stores?
 
Yes X No
 
2. If you have answered "YES" to any of the parts of Interrogatory No. 1, was plaintiff's injury proximately caused by defendant's breach of duty set forth in
 
1(a)? Yes X No
 
1(b)? Yes X No
 
1(c)? Yes ...

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