Archie Miller v. A/b Svenska Amerika Linien v. J.A. McCarthy Inc. (3rd Party Defendant)

OPINION OF THE COURT

HASTIE, Circuit Judge.

This is an action by a longshoreman against a shipowner for injuries suffered by the plaintiff while on a pier and engaged in moving cargo immediately after it had been unloaded from the defendant’s ship. The shipowner enlarged the controversy by adding a third party claim against plaintiff’s employer, a stevedoring company that had contracted with the shipowner to unload the vessel.

The complaint alleged that plaintiff’s injury had been caused both by the negligence of the defendant and by the unseaworthiness of an appurtenance of the ship. The…