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GERALD v. UNITED STATES LINES COMPANY

No. 58, Docket 30083.

368 F.2d 343 (1966)

Fitzroy GERALD, Plaintiff-Appellant, v. UNITED STATES LINES COMPANY, Defendant and Third-Party Plaintiff-Appellee-Appellant, v. Jose R. VEGA, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 3, 1966.

Attorney(s) appearing for the Case

Max Cohen, New York City, N. Y. (Benjamin B. Sterling, New York City, on the brief), for appellant.

Joseph M. Cunningham, New York City (Kirlin, Campbell & Keating, Robert C. Mirone, New York City, of counsel, on the brief), for defendant and third-party plaintiff-appellee-appellant, United States Lines Co.

Thomas E. P. McElligott, New York City (Fields, Rosen, McElligott & Auslander, New York City, on the brief), for third-party defendant-appellee, Vega.

Before SMITH, HAYS and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

Plaintiff Gerald, a wiper in the employ of the defendant United States Lines Company, commenced this action to recover for damages for injuries sustained in a fight with Vega, a fellow seaman. The complaint alleged three causes of action, one predicated on the Jones Act, 46 U.S.C. § 688, one based on defendant's warranty of seaworthiness, and the third seeking maintenance and cure. The last claim was submitted to the trial court for decision...

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