U.S. Court of Appeals for the Second Circuit, 1947

Fodera v. Booth American Shipping Corporation

U.S. Court of Appeals for the Second Circuit · Decided February 3, 1947 · Hand, Chase, Frank

159 F.2d 795; 1947 U.S. App. LEXIS 2527 (Federal Reporter, Second Series)

Counsel

Samuel Spevack, of Brooklyn, N. Y (Harry Teichner and Emanuel Spanier, both of Brooklyn, N. Y., of counsel) for libellant., Kirlin, Campbell, Hickox & Keating, of New York City (Raymond Parmer and Vernon Sims Jones, both of New York City, of counsel) for respondent-appellant.

Cases that cite this one

28 later published cases cite this decision. The 25 that cite it most often are listed here.

William Connolly v. Weyerhaeuser Steamship Company Weyerhaeuser Steamship Company v. Nacirema Operating Co., Inc (2d Cir. 1956)
McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A. (N.Y. 1952)
Cioffi v. New Zealand Shipping Co. (District Court, S.D. New York 1948)
Pedersen v. The Tanker Bulklube (District Court, E.D. New York 1959)
Kelley v. A. H. Bull Steamship Co. (District Court, D. Maine 1958)
Strathmore Shipping Company, Inc., Libellant-Appellant v. Coastal Oil Company (2d Cir. 1957)
Strathmore Shipping Co. v. Coastal Oil Co. (2d Cir. 1957)
Pennsylvania Railroad v. McAllister Bros. (District Court, S.D. New York 1956)
Skovgaard v. The vessel m/v Tungus (District Court, D. New Jersey 1956)
Thomas Purcell v. Waterman Steamship Corporation (2d Cir. 1955)
Charles S. Gindville v. American-Hawaiian Steamship Company (3d Cir. 1955)
Pioneer Steamship Company v. Walter E. Hill (6th Cir. 1955)
McMahan v. the Panamolga (District Court, D. Maryland 1955)
Palazzolo v. Pan-Atlantic S. S. Corp. Pan-Atlantic S. S. Corp. v. Ryan Stevedoring Co., Inc (2d Cir. 1954)
Ahlgren v. Red Star Towing & Transp. Co., Inc (2d Cir. 1954)
Daniels v. Pacific-Atlantic S. S. Co. (District Court, E.D. New York 1954)
Guiliano v. United States (District Court, S.D. New York 1954)
Hill v. Pioneer Steamship Co. (District Court, N.D. Ohio 1954)
Kulukundis v. Strand (9th Cir. 1953)
Brabazon v. Belships Co., Limited, Skibs A/s (3d Cir. 1953)
Kilgust v. United States (2d Cir. 1951)
Muratore v. United States (District Court, S.D. New York 1951)
Capadona v. the Lake Atlin (United States District Court for the Southern District of California 1951)
Miller v. The Sultana (2d Cir. 1949)
Mason v. United States (2d Cir. 1949)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

FRANK, Circuit Judge.

We have here another instance of an attempt on appeal to have us, as to the facts, retry a case which has been tried on oral evidence in the court below. Perhaps some day soon the admiralty bar will become convinced that such attempts are fruitless.

There is ample evidence to support the trial judge’s findings, including the. finding that “safe practice required that the pipe be enclosed in a wooden box, both for the protection of the pipe and of those who were in its vicinity.” Accordingly, his legal conclusions are correct. Seas Shipping Co., Inc., v. Sieracki, April 22, 1946, 66 S.Ct. 872. We are not persuaded that, on the evidence, the award to libellant should be increased.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.