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CALDERONE v. NAVIERA VACUBA S/A

No. 48, Docket 27689.

325 F.2d 76 (1963)

Salvatore CALDERONE, Plaintiff-Appellee, v. NAVIERA VACUBA S/A and Republica de Cuba, Defendants. NAVIERA VACUBA S/A, Defendant and Third-Party Plaintiff-Appellee, v. MAHER STEVEDORING CO., Inc., Third-Party Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 20, 1963.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City (Matthew L. Danahar, Joseph R. Kelley, Jr. and Vernon S. Jones, New York City, of counsel), for defendant and third-party plaintiff-appellee.

Hanlon & Dawe, Alexander, Ash & Schwartz, New York City, (Sidney A. Schwartz, New York City, of counsel), for third-party defendant-appellant.

Before CLARK, MOORE and KAUFMAN, Circuit Judges.

MOORE, Circuit Judge.

Defendant shipowner, Naviera Vacuba S/A, was held liable to plaintiff, Calderone, because of its failure to maintain its vessel in a seaworthy condition. Naviera Vacuba cross-claimed against Maher Stevedoring Co., Inc., whose employee, it alleged, created the unseaworthy condition. Judge Weinfeld, sitting without a jury, upheld Naviera Vacuba's cross-claim, on the theory that Maher had breached its obligation to carry on its stevedoring in a...

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