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YODICE v. KONINKLIJKE NEDERLANDSCHE STOOM. MAAT

No. 721, Docket 35011.

443 F.2d 76 (1971)

Michael YODICE, Plaintiff-Appellee, v. KONINKLIJKE NEDERLANDSCHE STOOMBOOT MAATSCHAPPIJ, Defendant and Third-Party Plaintiff-Appellant, v. UNIVERSAL TERMINAL & STEVEDORING CORP., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 10, 1971.

Attorney(s) appearing for the Case

William M. Kimball, New York City (Burlingham, Underwood, Wright, White & Lord, New York City, of counsel), for defendant and third-party plaintiff-appellant.

Irving B. Bushlow, Brooklyn, N. Y., submitted brief for plaintiff-appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

In these days of serious strains on judicial time, it is regrettable that we must direct a new trial on the issue of damages in this garden-variety longshoreman's personal injury suit because of the combined effect of plaintiff's failure to submit essential elements of proof and error in the charge.

Yodice, a longshoreman employed by Universal Terminal & Stevedoring Corporation, was injured while helping to rig a rain tent on defendant...

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