Legal Opinion

Strachan Shipping Company v. Koninklyke Nederlandsche Stoomboot Maalschappy, N.V.

Court of Appeals for the Fifth Circuit

Decided November 14, 1963No. 20371_1PublishedCited by 62 opinions

1Opinion of the Court

GEWIN, Circuit Judge.

This appeal presents a case of first impression for this Court. The problem to be resolved is whether a shipowner is entitled to recover from the stevedore, a third party defendant, attorneys’ fees and expenses for defending a suit by an injured longshoreman where the jury made the following findings in answer to specific interrogatories propounded by the court: (a) the shipowner was blameless, was not guilty of negligence and the ship was not unseaworthy; (b) the proximate cause of the injury was the stevedore’s failure to perform its duties in a safe and workmanlike…

2Cases cited4 opinions

  1. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  2. Antonio Paliaga v. Luckenbach Steamship Company, and Third-Party v. Turner & Blanchard, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1962
  3. Gonzales v. Pennsylvania Railroad CompanyDistrict Court, S.D. New York · 1960
  4. Caswell v. Koninklyke Nederlandsche Stoomboot MaalschappyDistrict Court, S.D. Texas · 1962

3Cited by62 opinions

  1. Paul v. Ruiz v. Shell Oil Company, National Tank CompanyCourt of Appeals for the Fifth Circuit · 1969
  2. Ellerman Lines, Ltd. v. Atlantic & Gulf Stevedores, Inc.Court of Appeals for the Third Circuit · 1965
  3. Todd Shipyards Corporation, Cross-Appellant v. Auto Transportation, S.A., Intervenor-Appellee v. Turbine Service, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1985
  4. D/S Ove Skou v. HebertCourt of Appeals for the Fifth Circuit · 1966
  5. George Lusich v. Bloomfield Steamship Company, Bloomfield Steamship Company v. Boland MacHine and Manufacturing Co., Inc.Court of Appeals for the Fifth Circuit · 1966

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