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IGNERI v. CIE. de TRANSPORTS OCEANIQUES

No. 351, Docket 27801.

323 F.2d 257 (1963)

Peter IGNERI and Theresa Igneri, Plaintiffs-Appellants, v. CIE. de TRANSPORTS OCEANIQUES, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided September 18, 1963.

Attorney(s) appearing for the Case

Philip F. DiCostanzo, DiCostanzo, Klonsky & Sergi, Brooklyn, N. Y., Robert Klonsky, Brooklyn, N. Y., of counsel, for plaintiffs-appellants.

Thomas J. Short, Dougherty, Ryan, Mahoney & Pellegrino, New York City, for defendant-appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

FRIENDLY, Circuit Judge.

The issue, here presented for the first time in a federal Court of Appeals, is whether the wife of an injured longshoreman can recover for the loss of her husband's consortium caused by negligence of the shipowner or unseaworthiness of the ship. Two other district judges have concluded, as Judge Bartels did here, that she cannot. Bergamaschi v. Isthmian Lines, Inc., 1959 A.M.C. 1862 (S.D.N.Y.); Pruitt v. M. S. Rigoletto,

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