MCFALL v. COMPAGNIE MAR. BELGE


304 N.Y. 314 (1952)

Charles McFall, Respondent, v. Compagnie Maritime Belge (Lloyd Royal) S. A. et al., Appellants, et al., Defendants. Compagnie Maritime Belge (Lloyd Royal) S. A., Defendant and Third-Party Plaintiff-Appellant, et al., Defendants and Third-Party Plaintiffs, v. Bunge Corporation, Third-Party Defendant-Respondent. Bunge Corporation, Third-Party Defendant and Third-Party Plaintiff, v. Dow Chemical Company, Third-Party Defendant. Dow Chemical Company, Third-Party Plaintiff-Appellant, v. Transoceanic Terminal Corporation, Third-Party Defendant-Respondent. Compagnie Maritime Belge (Lloyd Royal) S. A., Defendant and Third-Party Plaintiff-Appellant, et al., Defendants and Third-Party Plaintiffs, v. Transoceanic Terminal Corporation, Third-Party Defendant-Respondent. Compagnie Maritime Belge (Lloyd Royal) S. A., Defendant and Third-Party Plaintiff-Appellant, et al., Defendants and Third-Party Plaintiffs, v. Dow Chemical Company, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided July 15, 1952


Attorney(s) appearing for the Case

Barent Ten Eyck for Compagnie Maritime Belge (Lloyd Royal) S. A., defendant-appellant and third-party plaintiff-appellant.

George J. Conway and George A. Garvey for Dow Chemical Company, defendant-appellant and third-party plaintiff-appellant.

Paul O'Dwyer and Joan O'Dwyer for plaintiff-respondent.

Patrick E. Gibbons and Patrick J. McCann for Transoceanic Terminal Corporation, third-party defendant-respondent.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


CONWAY, J.

Plaintiff, Charles McFall, a longshoreman in the employ of Transoceanic Terminal Corporation, commenced this suit to recover damages for injuries sustained when he was overcome by carbon tetrachloride fumes while working aboard the cargo vessel S. S. Stavelot. The action was brought against the Compagnie Maritime Belge, as bareboat charterer of the vessel...

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