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BERKE v. LEHIGH MARINE DISPOSAL CORP.

No. 170, Docket 33819.

435 F.2d 1073 (1970)

Adolph BERKE, Plaintiff-Appellant, v. LEHIGH MARINE DISPOSAL CORP., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 24, 1970.

Attorney(s) appearing for the Case

Paul C. Matthews, John F. X. McKiernan, New York City, for plaintiff-appellant.

William F. Larkin, Schaffner & D'Onofrio, New York City, for defendant-appellee.

Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.

WATERMAN, Circuit Judge:

Plaintiff-appellant Berke commenced this action against his employer to recover damages resulting from personal injuries which he suffered when he fell overboard from the scow S-3 in Greater New York Harbor on March 7, 1965. His first cause of action was premised on the alleged unseaworthiness of the scow and, under the Jones Act, on the alleged negligence of the employer. His second cause of action was for maintenance and cure. Seeking indemnity...

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