Wholy v. British & Foreign S. S. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal to review a decree of the District Court (158 Fed. 379) dismissing the libel of libelant, a longshoreman, who was injured by the tipping up of a section of hatch cover, which caused him to fall into the hold of respondent’s steamer St. Eillans.
1Per curiam
The majority of the court are unable to distinguish this case from McDonnell v. Oceanic Steam Navigation Co., 143 Fed. 480, 74 C. C. A. 500. In that case, as in this, the section of hatch *400cover, whicn was so short as to require blocking to keep it in place, gave way because it was not wedged, so as to bear properly on the flange. We held in the earlier case that the negligence was that of defendant’s fellow servants in setting the cover without wedging it, and that there could be no recovery. In the case at bar the District Judge found that:
“There are but two explanations of the accident.…
2Cases cited2 opinions
- McDonnell v. Oceanic Steam Navigation Co.Court of Appeals for the Second Circuit · 1906
- International Mercantile Marine Co. v. FlemingCourt of Appeals for the Second Circuit · 1907
3Cited by6 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Walter Filipek v. Moore-Mccormack Lines, Inc., and Third Party and Eastern Rigging Corp., Third PartyCourt of Appeals for the Second Circuit · 1958
- Filipek v. Moore-McCormack Lines, Inc.District Court, E.D. New York · 1957
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Valdivieso v. Insular LineDistrict Court, D. Puerto Rico · 1914
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