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TOOMEY v. WATERMAN S. S. CORPORATION

No. 40.

123 F.2d 718 (1941)

TOOMEY v. WATERMAN S. S. CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

November 24, 1941.

Attorney(s) appearing for the Case

Jacob Rassner, of New York City, for plaintiff-appellant Michael Toomey.

Barry, Wainwright, Thacher & Symmers, of New York City (John C. Crawley, of New York City, of counsel), for appellees Waterman S. S. Corporation and Waterman S. S. Agency, Ltd.

Alexander & Ash, of New York City (Edward Ash and Joseph M. Meehan, both of New York City, of counsel), for appellee Ryan Stevedoring Co., Inc.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The questions raised by this appeal are whether the plaintiff by acceptance of the compensation paid under the Longshoremen's Act elected to abandon his right to recover indemnity from third persons and whether, irrespective of a conscious election, such an acceptance operated as an assignment to his employer, Ryan Stevedoring Company, of all his rights to recover damages against Waterman Steamship Corporation and Waterman Steamship...

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