GALLAGHER v. UNITED STATES LINES CO.

No. 281, Docket 22719.

206 F.2d 177 (1953)

GALLAGHER v. UNITED STATES LINES CO. (T. HOGAN & SONS, Inc., third party defendant).

United States Court of Appeals Second Circuit.

Decided July 6, 1953.


Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, Raymond Parmer and Vernon Sims Jones, New York City, of counsel, for United States Lines Co., defendant and third-party plaintiff-appellant.

Levine, Baker & Heiberger, New York City, Moe Levine and Jack Steinman, New York City, of counsel, for Julia Gallagher, as adm'x of Estate of James Gallagher, deceased, plaintiff-appellee.

Bleakley, Platt, Gilchrist & Walker, New York City, Frank A. Fritz, John B. Forrest and Cyril Crimmins, New York City, of counsel, for T. Hogan & Sons, Inc., third party defendant-appellee.

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


AUGUSTUS N. HAND, Circuit Judge.

The decedent James Gallagher1 was a longshoreman employed by the third party defendant T. Hogan & Sons, Inc. (hereafter referred to as Hogan). On the date of his injury July 10, 1950, Gallagher had been assigned by Hogan to assist in the unloading of cargo from one of the ships owned by the defendant United States Lines Company (hereafter referred to as United). Hogan was an independent contractor hired...

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