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CLEARY v. UNITED STATES LINES COMPANY

No. 554, Docket 33126.

411 F.2d 1009 (1969)

Daniel CLEARY, Libellant (Plaintiff) Appellee, v. UNITED STATES LINES COMPANY, Respondent-Petitioner-Appellant (Defendant and Third-Party Plaintiff-Appellant), v. T. HOGAN & SONS, INC., Respondent-Impleaded-Appellant (Third-Party Defendant-Appellant).

United States Court of Appeals Second Circuit.

Decided June 2, 1969.

Attorney(s) appearing for the Case

Daniel J. Dougherty, New York City (Kirlin, Campbell & Keating, and Craig D. Walley, New York City, on the brief), for United States Lines Co.

Frank A. Fritz, New York City (Bleakley, Platt, Schmidt, Hart & Fritz and Craig D. Walley, New York City, on the brief), for T. Hogan & Sons, Inc.

Chester A. Hahn, New York City (Sylvia Miller, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and WYATT, District Judge.

PER CURIAM:

On October 7, 1963, appellee a longshoreman in the employ of appellant T. Hogan & Sons, Inc., was working as a hi-lo driver stowing cargo in the lower hold of the No. 6 hatch of the S.S. PIONEER MYTH, a vessel owned by appellant United States Lines Company. When the hatch was "pretty full," an uncrated but bound bundle of automobile chassis was lowered into the hold and stowed lengthwise so that the front or narrow ends of the chassis were in the square...

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