U.S. Court of Appeals for the Third Circuit, 1958

Irene Hill, Administratrix of the Estate of Benjamin Hill, Deceased v. Waterman Steamship Corporation

U.S. Court of Appeals for the Third Circuit · Decided February 6, 1958 · Maris, McLaughlin, Hastie

251 F.2d 655; 1958 A.M.C. 1098 (Federal Reporter, Second Series)

Counsel

Martin Vigderman, Philadelphia, Pa. (Abraham E. Freedman, Milton M. Borowsky, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellant., Harrison G. Kildare, Philadelphia, Pa. (Rawle & Henderson, Thomas F. Mount, Philadelphia, Pa., on the brief), for appellee.

Cases that cite this one

7 later published cases cite this decision.

Holley v. Stansfield (4th Cir. 1959)
Holley v. The Steamship Manfred Stansfield (4th Cir. 1959)
Scott v. Eastern Air Lines, Inc. (3d Cir. 1968)
Scott v. Eastern Air Lines, Inc. (3d Cir. 1967)
Madeline Curry, Etc. v. Fred Olsen Line, Etc. (9th Cir. 1966)
Vassallo v. Nederl-Amerik Stoomv Maats Holland (Tex. App. 1960)
Holley v. Manfred Stansfield (District Court, E.D. Virginia 1958)

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

PER CURIAM.

This case is squarely ruled against the appellant by our prior decisions in Klingseisen v. Costanzo Transp. Co., 3 Cir., 1939, 101 F.2d 902, and Curtis v. A. Garcia y Cia., 3 Cir., 1957, 241 F.2d 30. We are, however, urged by the appellant to overrule those cases and now hold that the admiralty doctrine of comparative negligence is to be applied in a suit under the Pennsylvania Wrongful Death Act, 12 P.S. § 1601 et seq., for the death of a longshoreman on board a vessel in the port of Philadelphia instead of the Pennsylvania contributory negligence rule. We are satisfied, however, that the cases cited were correctly decided and we will accordingly follow and apply the rule laid down in them.

The judgment of the district court will be affirmed.

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