McCarthy v. Bark Peking

TIMBERS, Circuit Judge:

On this appeal from a summary judgment entered on motion of defendant South *44Street Seaport Museum, pursuant to Fed.R. Civ.P. 54(b),1 in the Southern District of New York, Whitman Knapp, District Judge, dismissing an action in which plaintiff, an employee of the Museum, sought damages and other relief as the result of his fall from a bosun’s chair suspended by a gantline on the Bark Peking while the latter was berthed at the Museum, the questions presented are (1) whether the district court correctly ruled that plaintiff was not engaged in “maritime employment” so as to…