Legal Opinion

Petterson v. Steamship Jefferson Myers

Court of Appeals for the Second Circuit

Decided November 3, 1930No. 18PublishedCited by 14 opinions

1Per curiam

The cause of suit against the steamship for maintenance and cure should not -have been dismissed [Seely v. City of N. Y., 24 F.(2d) 412 (C. C. A. 2)], though the liability was secondary to that of the stevedore. A proper award is $600.

It is not important here to determine whether the libelant’s contribution to his injuries was by negligence, or assumption of risk. In either case the Steamship Terminal .Operating Company cannot complain of the division of damages, as it has not filed any assignment of errors under Rule 37, subdivision 3, of this court. We do not therefore decide which it was.…

2Cases cited5 opinions

  1. McCahill v. New York Transportation Co.New York Court of Appeals · 1911
  2. Cricket S. S. Co. v. ParryCourt of Appeals for the Second Circuit · 1920
  3. Seely v. City of New YorkCourt of Appeals for the Second Circuit · 1928
  4. Camp Mfg. Co. v. BeckCourt of Appeals for the Fourth Circuit · 1922
  5. Maguire v. SheehanCourt of Appeals for the First Circuit · 1902

3Cited by14 opinions

  1. United States Fidelity & Guaranty Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
  2. Louis A. Maurer v. United StatesCourt of Appeals for the Second Circuit · 1981
  3. Milos v. Sea-Land Service, Inc.District Court, S.D. New York · 1979
  4. Andrew C. Gooden, Jr. v. Sinclair Refining Company v. Texaco, Inc.Court of Appeals for the Third Circuit · 1967
  5. Pure Oil Company v. Geotechnical Corp. of DelawareDistrict Court, E.D. Louisiana · 1955

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