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PIERCE v. ERIE RAILROAD COMPANY

No. 143, Docket 25118.

264 F.2d 136 (1959)

Jeremiah T. PIERCE, Plaintiff, v. ERIE RAILROAD COMPANY, Defendant and Third-Party Plaintiff-Appellee, William Spencer & Son Corp., Third-Party Defendant-Appellant, and John W. McGrath Corp., Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 5, 1959.

Attorney(s) appearing for the Case

John P. Smith, New York City (John Nielsen, New York City, of counsel), for third-party defendant-appellant.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City (J. Roger Carroll, New York City, of counsel), for defendant and third-party plaintiff-appellee.

Macklin, Speer, Hanan & McKernan, New York City (Martin J. McHugh, New York City, of counsel), for third-party defendant-appellee.

Before HAND and WATERMAN, Circuit Judges, and BYERS, District Judge.

BYERS, District Judge.

This appeal calls into question a decision by Judge Conger in the District Court, Southern District, which held the Appellant Spencer to be liable to Erie Railroad Company as indemnitor under a stevedoring contract, during the performance of which the plaintiff Pierce (an employee of McGrath) was injured while at work on the Erie lighter No. 80.

Pierce recovered judgment against the Erie on the theory that the lighter was unseaworthy...

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