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AMERICAN EXPORT LINES v. ATLANTIC & GULF STEVEDORES

No. 8738.

313 F.2d 414 (1963)

AMERICAN EXPORT LINES, INC., a foreign corporation, Appellant, v. ATLANTIC & GULF STEVEDORES, INC., a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 9, 1963.

Attorney(s) appearing for the Case

John W. Winston, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellant.

William B. Eley, Norfolk, Va. (Rixey & Rixey, Norfolk, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and J. SPENCER BELL, Circuit Judges.

SOBELOFF, Chief Judge.

Can a stevedore rely upon its own negligence as a defense to the action of a shipowner seeking indemnity for a money judgment paid out to a victim of the stevedore's carelessness? We hold that it cannot.

On September 26, 1956, during loading operations aboard the S.S. EXCELLER, owned by American Export Lines, a draft of freight struck the coaming of the No. 5 hatch. Its contents spilled into...

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