Legal Opinion
Lyon v. United States
Court of Appeals for the Second Circuit
Decided April 2, 1959No. 198, Docket 25334PublishedCited by 2 opinions
1Per curiam
The District Court rightly held that the libelant, an employee of the impleaded contractor, was entitled to no warranty of seaworthiness. He was engaged in a type of work not “traditionally done by seamen.” United New York and New Jersey Sandy Hook Pilots Ass’n v. Halecki, 79 S.Ct. 517, 519.
To the negligence count maritime, rather than state law, applied. Kermarec v. Compagnie Generale Transatlantique, 79 S.Ct. 406. The District Court found that the United States had no power of supervision or control over the work and was under no duty to provide temporary protection for the libel-ant. This…
2Cases cited5 opinions
- McAllister v. United StatesSupreme Court of the United States · 1954
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- United New York & New Jersey Sandy Hook Pilots Ass'n v. HaleckiSupreme Court of the United States · 1959
- Walter Filipek v. Moore-Mccormack Lines, Inc., and Third Party and Eastern Rigging Corp., Third PartyCourt of Appeals for the Second Circuit · 1958
- Catherine Alison, as Administratrix of the Estate of Julian B. Alison, Deceased, Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1958
3Cited by2 opinions
- Cecil Lawlor v. Socony-Vacuum Oil Company, Inc., Now Known as Socony-Mobil Oil Company, Inc., and Third-Party and Bethlehem Steel Company, Third-PartyCourt of Appeals for the Second Circuit · 1960
- Lyon v. United StatesCourt of Appeals for the Second Circuit · 1959