Considine v. Black Diamond Steamship Corp.

ALDRICH, District Judge.

In this action a stevedore in the hold, unloading the ship, was injured by reason of an allegedly defective “chisel-truck,” a hydraulically-operated-platformed, wheeled device for handling heavy bales, etc. The defendant shipowner, and the impleaded stevedoring third-party defendant, move for summary judgment. The plaintiff consents to the motion so far as the counts for negligence are concerned. Cf. Berti v. Compagnie de Navigation Cyprien Fabre, 2 Cir., 213 F.2d 397. With respect to the counts for unseaworthiness the record would require a finding that the truck was…