Fodera v. Booth American Shipping Corp.

RIFKIND, District Judge.

This is a suit in the admiralty to recover damages sustained by libellant, a longshoreman in the employ of a stevedoring corporation, while engaged in stowing cargo on the S. S. Empire Lancer. Recovery is sought against Booth, the owner of the vessel, and against Atlantic, an independent contractor, which had reinstalled, at the instance of Booth, a thermometer pipe aboard the vessel. The findings of fact set forth the details of the events which led to libellant’s injuries.

The libel against respondent Atlantic is dismissed. There is no evidence from which an inference…