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
- Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
- John R. McWeeney v. New York, New Haven and Hartford Railroad CompanyCourt of Appeals for the Second Circuit · 1960
- Anibal Conte, Libelant-Appellee-Appellant v. Flota Mercante Del Estado, Respondent-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1960
- Joyce O'connor, as Administratrix of the Estate of Benedict O'connor, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1959
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
- Sam H. Johnson v. Penrod Drilling Company, James L. Starnes v. Penrod Drilling CompanyCourt of Appeals for the Fifth Circuit · 1975
- 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
- Warnie Lee Ivy, Cross-Appellants v. Security Barge Lines, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1978
- 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
22 more not listed; retrieve them via the Exa API.