Adolph Berke v. Lehigh Marine Disposal Corp.

WATERMAN, Circuit Judge:

Plaintiff-appellant Berke commenced this action against his employer to recover damages resulting from personal injuries which he suffered when he fell overboard from the scow S-3 in Greater New York Harbor on March 7, 1965. His first cause of action was premised on the alleged unseaworthiness of the scow and, under the Jones Act, on the alleged negligence of the employer. His second cause of action was for maintenance and cure. Seeking indemnity, the employer impleaded the owner of the tug which was towing the S-3 at the time of the accident. At the end of plaintiff’s…