SMITH v. M/V GISNA

No. 22525.

362 F.2d 164 (1966)

Arthur SMITH, Appellant, v. M/V GISNA, Her engines, tackle, apparel, and furniture, et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 14, 1966.


Attorney(s) appearing for the Case

Lionel L. Layden, Mobile, Ala., Harold J. Lamy, New Orleans, La., for appellant.

Alex T. Howard, Jr., W. Boyd Reeves, John H. Tappan, Mobile, Ala., McCorvey, Turner, Johnstone, Adams & May, Mobile, Ala., of counsel, for appellees.

Before RIVES and WISDOM, Circuit Judges, and MORGAN, District Judge.


RIVES, Circuit Judge:

Smith, a longshoreman, filed a libel in rem and in personam to recover damages for personal injuries. The vessel and owners impleaded Ryan Stevedoring Company for whom Smith was working at the time of his injury, and Ryan undertook the defense of the action.

The following facts, as found by the district court, were established without any dispute:

"2. The cargo being loaded was rolls of newsprint weighing from 600 to 800 pounds...

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