Dennis Sizemore v. United States Lines Company v. T. Hogan Corporation, Third-Party

HASTIE, Circuit Judge.

The appellant, a longshoreman, recovered a $4,758 judgment for personal injuries against a defendant shipowner, with liability over against the longshoreman’s employer. This appeal challenges that recovery as inadequate and asserts that the inadequacy resulted from deficiencies in the court’s instructions to the jury. The appellant seeks a new trial, either generally or as to damages alone.

The evidence showed that the appellant was standing on a mound of cargo in the hold of a ship during unloading operations when a cargo container collapsed, causing him to fall some 15…