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CZAPLICKI v. VESSEL "SS HOEGH SILVERCLOUD"

No. 278, Docket 23429.

223 F.2d 189 (1955)

Blazey CZAPLICKI, Libelant-Appellant, v. The VESSEL "SS HOEGH SILVERCLOUD" her boilers, engines, tackle, apparel and furniture, Oivind Lorentzen, as Director of Shipping and Curator of the Royal Norwegian Government, doing business under the name and style of The Norwegian Shipping and Trade Mission, Kerr Steamship Company, Inc., and Hamilton Marine Contracting Company, Inc., Respondents.

United States Court of Appeals Second Circuit.

Decided May 23, 1955.

Attorney(s) appearing for the Case

Nathan Baker, Hoboken, N. J., for libelant (Baker, Garber & Chazen, Hoboken, N. J., of counsel; Bernard Chazen, Hoboken, N. J., on the brief).

Galli & Locker, New York City (Patrick E. Gibbons, New York City, of counsel), for respondent-appellee Hamilton Marine Contracting Co.

Haight, Gardner, Poor & Havens, New York City, for respondents-appellees Oivand Lorentzen, as Director of Shiping and Curator of the Royal Norwegian Government, doing business under the name and style of The Norwegian Shipping and Trade Mission, Kerr Steamship Co., Inc., (Francis X. Byrn and James M. Estabrook, New York City, of counsel).

Before CLARK, Chief Judge, and FRANK and HASTIE, Circuit Judges.

FRANK, Circuit Judge.

1. When an injured party elects to receive an award of compensation under the terms of the Longshoremen's and Harbor-Workers' Compensation Act, the election operates as an assignment to his employer or his employer's insurer, of his right of action against third persons who may have caused the injury. Hunt v. Bank Line, 4 Cir., 35 F.2d 136. The injured party is not without...

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