Legal Opinion

Nicola Massa v. C. A. Venezuelan Navigacion, and Third-Party v. John W. McGrath Corporation, Third-Party

Court of Appeals for the Second Circuit

Decided January 15, 1962No. 27059_1PublishedCited by 22 opinions

1Opinion of the Court

MARSHALL, Circuit Judge.

Plaintiff appeals from a judgment entered in the Eastern District of New York dismissing his complaint after trial before a jury which failed to reach a verdict. The sole reason asserted by the judge below in support of his action was “that the plaintiff * * * failed to prove a prima facie case.”

In reviewing a judgment granting a motion to dismiss after trial, it is axiomatic that the facts are to be viewed in the light most favorable to plaintiff. On February 24, 1955, plaintiff was a stevedore in the employ of John W. Mc-Grath Corp., third-party defendant, and…

2Cases cited6 opinions

  1. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  2. Alaska Steamship Co. v. PettersonSupreme Court of the United States · 1954
  3. Petterson v. Alaska S. S. Co., IncCourt of Appeals for the Ninth Circuit · 1953
  4. Strika v. Netherlands Ministry of Traffic, Directorate General of ShippingCourt of Appeals for the Second Circuit · 1950
  5. Litwinowicz v. Weyerhaeuser Steamship CompanyDistrict Court, E.D. Pennsylvania · 1959

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Nicola Massa v. C. A. Venezuelan Navigacion, and Third-Party v.john W. McGrath Corporation, Third-PartyCourt of Appeals for the Second Circuit · 1964
  2. Samuel Mosley v. Cia. Mar. Adra, S.A., and Third-Party Plaintiff-Appellee,v. Lipsett Steel Products, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1963
  3. Shenker v. United StatesCourt of Appeals for the Second Circuit · 1963
  4. Gebhard v. S.S. Hawaiian LegislatorCourt of Appeals for the Ninth Circuit · 1970
  5. Antoine v. Lake Charles Stevedores, Inc.District Court, W.D. Louisiana · 1965

17 more not listed; retrieve them via the Exa API.

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