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RICH v. ELLERMAN & BUCKNALL S.S. CO.

No. 249, Docket 25742.

278 F.2d 704 (1960)

Callie RICH, Plaintiff-Appellant, v. ELLERMAN & BUCKNALL S.S. CO., Ltd., Defendant-Appellee and Third-Party Plaintiff, v. JOHN T. CLARK & SON, Third-Party Defendant.

United States Court of Appeals Second Circuit.

Decided May 12, 1960.

Attorney(s) appearing for the Case

Louis R. Harolds, New York City, (Standard, Weisberg, Harolds & Malament, New York City, on the brief), for plaintiff-appellant.

William J. O'Brien, New York City (Louis J. Gusmano and Kirlin, Campbell & Keating, New York City, on the brief), for defendant-appellee and third-party plaintiff.

Hampton & Dietel, New York City (William F. McNulty, New York City, on the brief), for third-party defendant.

Before LUMBARD, Chief Judge, BARNES, Circuit Judge, and SMITH, District Judge.

J. JOSEPH SMITH, District Judge.

The plaintiff Callie Rich, a longshoreman in the employ of John T. Clark & Son, third party defendant, was injured on April 23, 1953, while working at cargo stowage in the 'tween deck of No. 3 hatch of the S.S. City of Canberra, owned by Ellerman & Bucknall S.S. Co., defendant and third party plaintiff. A pile of automobile truck chassis upon which plaintiff stepped tilted, causing...

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