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  5. 31 N.Y.2d 336 (1972)
 

MILIN v. UNITED STATES LINES

31 N.Y.2d 336 (1972)

Sime Milin, Appellant, v. United States Lines, Inc., Respondent, and Third-Party Plaintiff-Respondent. Universal Terminal & Stevedoring Corp., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided November 29, 1972.

Attorney(s) appearing for the Case

Thomas R. Newman, Benjamin H. Siff and Kenneth Heller for appellant.

Robert P. Hart, Charles N. Fiddler and Robert C. Heidell for third-party plaintiff-respondent and third-party defendant-respondent.

Chief Judge FULD and Judges SCILEPPI, BREITEL, JASEN and GIBSON concur with Judge BERGAN; Judge BURKE dissents and votes to affirm.

BERGAN, J.

If a seaman or longshoreman be injured by the unseaworthiness of a vessel, his action against the shipowner is governed by Federal maritime common law, and liability is "absolute" (Mitchell v. Trawler Racer, 362 U.S. 539; Pope & Talbot, Inc. v. Hawn, 346 U.S. 406). "It is a form of absolute duty owing to all within the...

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