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PALAZZOLO v. PAN-ATLANTIC S.S. CORP.

No. 164, Docket 22930.

211 F.2d 277 (1954)

PALAZZOLO v. PAN-ATLANTIC S. S. CORP. PAN-ATLANTIC S. S. CORP. v. RYAN STEVEDORING CO., Inc.

United States Court of Appeals, Second Circuit.

Decided March 25, 1954.

Attorney(s) appearing for the Case

David M. Fink & Jacquin Frank, New York City (Jacquin Frank, New York City, of counsel), for plaintiff-appellee.

Gay & Behrens, New York City (Edward J. Behrens, Charles H. Lawson and James A. Hageman, New York City, of counsel), for defendant-appellant.

Alexander & Ash, New York City (Sidney A. Schwartz, New York City, of counsel), for third-party defendant-appellee.

Before CLARK, FRANK and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

Defendant-appellant, Pan-Atlantic, has argued that, since Ryan Stevedoring Company created the hazardous condition by improperly stowing the cargo in Georgetown, South Carolina, Pan-Atlantic should not be held liable to plaintiff. We cannot agree. Not only did defendant owe the duty to provide a seaworthy ship on which plaintiff-stevedore might work, Seas Shipping Company v. Sieracki,

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