Mary Taylor, Administratrix of the Estate of John H. Taylor, Deceased v. Rederi A/s Volo v. Lavino Shipping Company, Third-Party

OPINION OF THE COURT

KALODNER, Circuit Judge.

The issue presented on this appeal is whether the District Court erred in granting appellee third-party defendant’s motion for summary judgment, Rule 56, Fed.R.Civ.Proc., 1 against appellant third-party plaintiff, the original defendant. (Third-party plaintiff will hereinafter be referred to as “defendant”.)

The original action was instituted in the District Court on February 6, 1963 by John H. Taylor, now deceased, against defendant, Rederi A/S Volo, for damages arising out of personal injuries allegedly sustained by Taylor.

Taylor’s complaint…