Kreste v. United States
Court of Appeals for the Second Circuit
“5. That on the 18th day of July 1943, libellant was in the employ of T. Hogan & Sons, Inc., as a longshoreman. 6. That on said day, libellant was working aboard the said vessel ‘Henry S. Foote’ and engaged in stevedoring operations. 7. That at said time, libellant was acting as winch-man on the port winch at No. 1 hatch aboard said vessel. 8. That the respondent had the charge, care and management of the said winch. 9. That one of the members of the crew of said vessel put…
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“5. That on the 18th day of July 1943, libellant was in the employ of T. Hogan & Sons, Inc., as a longshoreman. 6. That on said day, libellant was working aboard the said vessel ‘Henry S. Foote’ and engaged in stevedoring operations. 7. That at said time, libellant was acting as winch-man on the port winch at No. 1 hatch aboard said vessel. 8. That the respondent had the charge, care and management of the said winch. 9. That one of the members of the crew of said vessel put oil and grease in said winch several times each day. 10. That in putting oil and grease in said winch, the said member…
1Opinion of the Court
158 F.2d 575 (1946)
KRESTE
v.
UNITED STATES
No. 64, Docket No. 20331.
Circuit Court of Appeal, Second Circuit.
December 10, 1946.
Sylvia Miller, of New York City (Chester A. Hahn, of New York City, of counsel), for libellant-appellee.
John F. X. McGohey, of New York City (Tompkins, Boal & Tompkins, and Arthur M. Boal, all of New York City, of counsel), for respondent-appellant.
Before SWAN, CLARK and FRANK, Circuit Judges.
FRANK, Circuit Judge.
1. The judge's opinion and findings state facts which justify his legal conclusion as to appellant's negligence. The evidence amply supports the judge on that…
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