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RIBEIRO v. UNITED FRUIT COMPANY

No. 13, Docket 26145.

284 F.2d 317 (1960)

Joachim RIBEIRO, Plaintiff-Appellant, v. UNITED FRUIT COMPANY, a New Jersey Corporation, and Esso Standard Oil Company, a Delaware Corporation, Defendants-Appellee, and UNITED FRUIT COMPANY, a New Jersey Corporation, Third-Party Plaintiff-Appellee, v. ESSO STANDARD OIL COMPANY, a Delaware Corporation, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 21, 1960.

Attorney(s) appearing for the Case

Louis J. Opal, New York City (Jacob Rassner, Thomas F. Frawley, Benjamin Schwartz, New York City, on the brief), for plaintiff-appellant.

Hampton & Mahoney, New York City, for United Fruit Co., defendant-appellee.

Kirlin Campbell & Keating, New York City (Walter X. Connor, New York City, James P. O'Neill, New York City, on the brief), for Esso Standard Oil Co., defendant-appellee.

Before LUMBARD, Chief Judge, and TUTTLE and FRIENDLY, Circuit Judges.

TUTTLE, Circuit Judge.

Appellant appeals from a judgment in favor of the defendant, Esso Standard Oil Company, based on adverse answers by the jury to special interrogatories in this personal injury admiralty case. The jury, in answering the questions as it did, was authorized to believe the following facts:

The plaintiff was a night watchman on the S. S. Parisminia; defendant's barge No. 23 was tied up alongside this vessel to bunker it. Its crew consisted...

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