Mario Lubrano v. Royal Netherlands Steamship Company

FEINBERG, Circuit Judge:

Plaintiff Mario Lubrano, a longshoreman, appeals from a judgment in the United States District Court for the Southern District of New York, Charles S. Haight, Jr., J., directing a verdict for defendant shipowner, Royal Netherlands Steamship Company, in this negligence action brought under 33 U.S.C. § 905(b). Examination of the record indicates that the district judge removed from the jury’s consideration an issue of fact presented by ambiguous testimony. Since this was error, we must reverse for a new trial.

I

The facts are in large part undisputed and, with the…