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GRILLEA v. UNITED STATES

No. 120, Docket 23609.

229 F.2d 687 (1956)

Felice GRILLEA, Appellant, v. UNITED STATES of America and National Shipping Authority, Appellees.

United States Court of Appeals Second Circuit.

Decided January 30, 1956.

Judgment Reversed on Rehearing April 26, 1956.

Attorney(s) appearing for the Case

Robert Klonsky, New York City, Herman E. Hoberman, Brooklyn, N. Y., Klonsky & Steinman, New York City, of counsel, for appellant.

Thomas F. Feeney, Brooklyn, N. Y., Paul W. Williams, U. S. Atty., Kirlin, Campbell & Keating, Counsel to U. S. Atty., New York City, Joseph M. Cunningham, Bronxville, N. Y., Vernon S. Jones, New York City, of counsel, for appellees.

Before HAND, SWAN and FRANK, Circuit Judges.

HAND, Circuit Judge.

This is an appeal from a decree in a suit under the Suits in Admiralty Act,1 dismissing the libel of a longshoreman, who was injured by a fall through an open hatch, while working on board a ship, owned by the United States, but chartered to the Moore-McCormack Lines, Inc. The suit was based upon the unseaworthiness of the ship by reason of undisputed facts, for which, however, Judge Ryan held that the respondent was...

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