No. 74-1204.

514 F.2d 1214 (1975)

Carmen CARRILLO vda de Cerich et al., Plaintiffs-Appellees, v. SAMEIT WESTBULK and Johan Hagenes, Defendants and Third-Party Plaintiffs-Appellants, v. CARIBE SHIPPING COMPANY, INC., et al., Third-Party Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided April 14, 1975.

Rehearing Denied May 29, 1975.

Attorney(s) appearing for the Case

Jose L. Novas Dueno, San Juan, P. R., with whom Hartzell, Ydrach, Mellado, Santiago, Perez & Novas, San Juan, P. R. and Haight, Gardner, Poor & Havens, New York City, and by Harvey B. Nachman, San Juan, P. R., with whom Nachman, Feldstein & Gelpi, San Juan, P. R., was on brief, for Carmen Carrillo vda de Cerich, and others.

Harry Adnuze Montano, with whom Rieckehoff, Calderon, Rosa-Silva & Vargas, Hato Rey, P. R., was on brief, for Caribe Shipping Company, Inc., and others.

Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.

ALDRICH, Senior Circuit Judge.

On November 9, 1970, at San Juan, plaintiff's decedent, Cerich, a longshoreman employed by Caribe Shipping Co., Inc. (stevedore) was engaged in unloading automobiles from a hold of the M/V Westbulk, a Norwegian flag vessel owned and operated by defendants. When an afternoon rain called a halt to this activity some longshoremen sought shelter below decks. Cerich entered a car still in the hold, which could be found to be a not uncommon...

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