NORMAN LANDSBURG, ADMINISTRATOR OF THE ESTATE OF JOHN SMITH, DECEASED, APPELLANT,
v.
ACADIA OVERSEAS FREIGHTERS, LIMITED, AND THE VICTORIA COUNTY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the district judge's finding that the ladder was not unseaworthy was supported by credible testimony.
A stevedore was injured while cleaning a ship and sued for personal injuries. This was the second appeal in the case.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Unseaworthiness cases and more on FLexlaw
PER CURIAM.
This is an appeal from a judgment for the defendant in a suit for personal injuries suffered by a stevedore who was engaged, with others, in cleaning a ship. The case is here for the second time. See Smith v. Acadia Overseas Freighters, 3 Cir., 1953, 202 F. 2d 141.
It is now clear that the duty owed to a stevedore, so far as seaworthiness is concerned, is the same as that owed to members of the crew. Alaska Steamship Co., Inc. v. Petterson, 1954, 347 U.S. 396, 74 S.Ct. 601, 98 L.Ed. 798.
But the district judge found as a fact that the extension ladder which it is alleged hurt the plaintiff’s finger was one with which he could find nothing wrong. He concludes “consequently, so far as this ladder is concerned, I can find no element of unseaworthiness.” This finding is supported by direct' testimony as we read the record, and testimony which is worthy of credence. See McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6.
The judgment of the district court will be affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McALLISTER v. United States, 348 U.S. 19 (U.S. 1954)
- In re Disbarment of Isserman, 348 U.S. 1 (U.S. 1954)
- Alaska S.S. Co., Inc. v. Petterson, 347 U.S. 396 (U.S. 1954)
- Smith v. Acadia Overseas Freighters, 202 F.2d 141 (3d Cir. 1953)