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WILLIAMSON v. COMPANIA ANONIMA VENEZOLANA DE NAVIGACION

Nos. 867, 868, Dockets 35420, 35421.

446 F.2d 1339 (1971)

Simon WILLIAMSON, Plaintiff-Appellee, v. COMPANIA ANONIMA VENEZOLANA DE NAVIGACION (VENEZUELAN LINE), Defendant-Appellant, and Westinghouse Electric International Co., Defendant-Appellee. COMPANIA ANONIMA VENEZOLANA DE NAVIGACION (VENEZUELAN LINE), Third-Party Plaintiff-Appellant, v. JOHN W. McGRATH CORPORATION and Westinghouse Electric International Co., Third-Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 16, 1971.

Attorney(s) appearing for the Case

Lester E. Fetell, Brooklyn, N. Y. (Sergi & Fetell, Brooklyn, N. Y.), for plaintiff-appellee.

Renato C. Giallorenzi, New York City, for defendant-appellant and third-party plaintiff-appellant Venezuelan Line.

John Nielsen, New York City (Fogarty & Nielsen, New York City), for defendant-appellee and third-party defendant-appellee Westinghouse Electric Corporation.

James M. Leonard, New York City (McHugh, Heckman, Smith & Leonard, New York City), for third-party defendant-appellee John W. McGrath Corporation.

Before FRIENDLY, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This is an appeal by the shipowner, Venezuelan Line, from a judgment for plaintiff, a longshoreman injured when a slat in a cargo crate on which he was standing during the course of his work broke. On appeal the shipowner claims the liability over of the stevedore (McGrath) and/or the shipper (Westinghouse), contributory negligence of the plaintiff, an error in the trial court's charge on unseaworthiness, and an excessive award of damages to...

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