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ARICO v. CIE. DE NAVEGACION TRANSOCEANIQUE

Nos. 176, 177, Dockets 31716, 31717.

409 F.2d 1002 (1969)

Joseph ARICO, Anthony Ferrigno, Rocco Ciccone, Dominic Ciccone and Anthony R. Ciccone, Plaintiffs-Cross Appellees, v. CIE. DE NAVEGACION TRANSOCEANIQUE and Black Diamond Steamship Company, Defendants. CIE. DE NAVEGACION TRANSOCEANIQUE, Defendant and Third-Party Plaintiff-Appellant, v. MARRA BROS., INC., Third-Party Defendant-Appellee-Cross Appellant.

United States Court of Appeals Second Circuit.

Decided April 10, 1969.

Attorney(s) appearing for the Case

Nicholas J. Healy, New York City (Healy & Baillie, Thomas L. Rohrer, New York City, on the brief), for defendant and third-party plaintiff-appellant.

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

Robert Klonsky, Di Costanzo & Klonsky, Brooklyn, N. Y., for plaintiffs-cross-appellees, Joseph Arico and Anthony Ferrigno, and of counsel to Baker, Garber, Chazen & Duffy, Hoboken, N. J., for plaintiffs-cross-appellees, Rocco Ciccone, Dominic Ciccone and Anthony R. Ciccone.

Before SMITH and HAYS, Circuit Judges and HENDERSON, District Judge.

HENDERSON, District Judge:

The plaintiffs were employees of Marra Bros., a stevedoring company, hired to load a ship called the S.S. Geneve owned by the defendant, Cie. De Navegacion Transoceanique. During such work a boom fell and in scattering for cover the plaintiffs claimed they were injured. They sued the shipowner for negligence and unseaworthiness. The shipowner impleaded the plaintiffs' employer, Marra Bros., saying that, if liable, the ship had a right over...

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