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HUDSON STEAMSHIP COMPANY v. AYALA COLON

No. 6059.

314 F.2d 44 (1963)

HUDSON STEAMSHIP COMPANY, Ltd., Third-Party Plaintiff, Appellant, v. Luis A. AYALA COLON, Third-Party Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided February 19, 1963.

Attorney(s) appearing for the Case

Antonio M. Bird, San Juan, P. R., with whom Hartzell, Fernandez & Novas, San Juan, P. R., was on brief, for appellant.

Miguel J. Rios Lugo, with whom Jose N. Dapena Laguna, Ponce, P. R., and Jose A. Suro, San Juan, P. R., were on brief, for appellee.

Before WOODBURY, Chief Judge, and MARIS and ALDRICH, Circuit Judges.

PER CURIAM.

The sole question in this case is who should ultimately bear the loss for damages recovered from appellant shipowner by a longshoreman in the employ of appellee stevedore, injured while the latter was engaged in unloading the vessel. It is undisputed that the injury was due to a defective winch, and that the defect caused the vessel to be unseaworthy. It is also admitted that while appellee, who was operating the winch, agreed to use due care, appellant...

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