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FENTON v. GLITTRE

No. 254, Docket 29550.

370 F.2d 146 (1966)

Charles H. FENTON, Plaintiff-Appellant, v. A/S GLITTRE, Defendant-Appellee, and Fearnley and Eger and Barber Line, Defendants. A/S GLITTRE, Defendant and Third-Party Plaintiff-Appellee-Appellant, v. ATLANTIC STEVEDORING COMPANY, Inc. and Golton Marine Co., Inc., Third-Party Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 13, 1966.

Attorney(s) appearing for the Case

Jacob Rassner, New York City (Alan C. Rassner, New York City, on the brief), for plaintiff-appellant.

J. Ward O'Neill, New York City (Haight, Gardner, Poor & Havens, Thomas F. Molanphy, New York City, on the brief), for defendant and third-party plaintiff-appellee-appellant.

Joseph Arthur Cohen, New York City (Alexander, Ash & Schwartz, Sidney A. Schwartz, New York City, on the brief), for third-party defendant-appellee, Golton Marine Co., Inc.

Before LUMBARD, Chief Judge, and HAYS and FEINBERG, Circuit Judges.

PER CURIAM:

Plaintiff longshoreman appeals from a judgment for defendant shipowner entered in the United States District Court for the Eastern District of New York after a non-jury trial. In the trial court, plaintiff apparently argued that the ship was unseaworthy (and the shipowner negligent) because of an encumbered deck which proximately caused his injury. The trier of fact found against plaintiff on these issues and also found that the sole cause of the accident...

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