Legal Opinion

Michael Yodice v. Koninklijke Nederlandsche Stoomboot Maatschappij, and Third-Party v. Universal Terminal & Stevedoring Corp., Third-Party

Court of Appeals for the Second Circuit

Decided May 10, 1971No. 721, Docket 35011PublishedCited by 27 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

In these days of serious strains on judicial time, it is regrettable that we must direct a new trial on the issue of damages in this garden-variety longshoreman’s personal injury suit because of the combined effect of plaintiff’s failure to submit essential elements of proof and error in the charge.

Yodice, a longshoreman employed by Universal Terminal & Stevedoring Corporation, was injured while helping to rig a rain tent on defendant’s vessel. His contention was that while he was pulling on a defective lashing, it parted, thus causing him to fall backwards against the…

2Cases cited9 opinions

  1. Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
  2. Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
  3. John R. McWeeney v. New York, New Haven and Hartford Railroad CompanyCourt of Appeals for the Second Circuit · 1960
  4. Anibal Conte, Libelant-Appellee-Appellant v. Flota Mercante Del Estado, Respondent-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1960
  5. Joyce O'connor, as Administratrix of the Estate of Benedict O'connor, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1959

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3Cited by27 opinions

  1. Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
  2. Sam H. Johnson v. Penrod Drilling Company, James L. Starnes v. Penrod Drilling CompanyCourt of Appeals for the Fifth Circuit · 1975
  3. Jack A. Doca and Fannie C. Doca v. Marina Mercante Nicaraguense, S.A. And Pittston Stevedoring Corp.Court of Appeals for the Second Circuit · 1980
  4. Warnie Lee Ivy, Cross-Appellants v. Security Barge Lines, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1978
  5. Joseph Oliveri v. Delta Steamship Lines, Inc. And Crowley Maritime Corp., and Third-Party v. Midland-Ross Corporation, Third-PartyCourt of Appeals for the Second Circuit · 1988

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