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

U.S. Court of Appeals for the 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 (3d Cir. 1955)
1955 U.S. App. LEXIS 4738; 1955 A.M.C. 536
Goodrich, Kalodner, Per Curiam, Staley

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

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.

Reference

Full Case Name
Norman LANDSBURG, Administrator of the Estate of John Smith, Deceased, Appellant, v. ACADIA OVERSEAS FREIGHTERS, Limited, and THE VICTORIA COUNTY
Cited By
1 case
Status
Published