MOLLICA v. UNITED STATES

No. 18603.

121 F.Supp. 327 (1953)

MOLLICA v. UNITED STATES et al. THE JOHN BARTON PAYNE.

United States District Court E. D. New York.

September 23, 1953.


Attorney(s) appearing for the Case

Thomas O'Rourke Gallagher, Brooklyn, N. Y., for libelant; Jacob Rassner, New York City, of counsel.

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., for respondent, by Kirlin, Campbell & Keating, Raymond Parmer, New York City, of counsel.


ABRUZZO, District Judge.

The libelant is a stevedore, and at the time of the accident worked on the S. S. John Barton Payne. During the trial it was conceded that the vessel was owned and operated by the United States, and libelant agreed to prosecute the action against the United States alone.

Carter & Weeks, Inc., libelant's employer, was loading Hatch No. 2 of the vessel. There came a time on the date of this accident when a heavy case, 6 feet high...

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