Garbellotto v. Montelindo Compagnie Navegacion, S. A.

OPINION

FRANKEL, District Judge.

Plaintiff longshoreman brought this suit for injuries allegedly suffered on October 29, 1965, when he fell into a hatch aboard defendant’s vessel, the S.S. Eva, which was being unloaded at a New York City pier. A few days before the accident, Smith & Kelly Company, a Georgia stevedoring concern, had discharged some of the ship’s cargo at Savannah, Georgia, pursuant to telephoned instructions from the shipper. At the time of the accident, plaintiff’s employer, Pittston Stevedoring Corp., was in charge of the unloading. Defendant shipowner has served third-party…