The Howell
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel by Michael McCole against the lighter "Howell, of which the Chelsea Lighterage Company was claimant. From a decree dismissing the libel (257 Fed. 578), the libelant appeals. Libelant was one of a gang of longshoremen unloading cargo from tbe lighter in tbe harbor of New York.
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Appeal from the District Court of the United States for the Southern District of New York. Libel by Michael McCole against the lighter "Howell, of which the Chelsea Lighterage Company was claimant. From a decree dismissing the libel (257 Fed. 578), the libelant appeals. Libelant was one of a gang of longshoremen unloading cargo from tbe lighter in tbe harbor of New York. He is a resident of New York; was not a member of the crow but employed at hourly wages, apparently by tbe master of the lighter. This action' in rem was brought to recover fon personal injuries received by libelant while on…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The only point decided below having been settled by the Knickerbocker Case, supra, appellant is entitled to a reversal, and on this new trial a decision unaffected by the Compensation Raw of this state (Consol. Raws, c. 67).
McCole and his mates were unloading cargo with the usual boom, fall, and engine-driven winch. The lighter captain fastened to a link at or near the end of the fall a shackle, and of course, in order to do this; took the pin out of the shackle, reinserted it, and testifies that he set the nut on the pin as tight as he could with hand…
2Cases cited3 opinions
- The OsceolaSupreme Court of the United States · 1903
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- The GladestryCourt of Appeals for the Second Circuit · 1904
3Cited by6 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Sieracki v. Seas Shipping Co.Court of Appeals for the Third Circuit · 1945
- Boal v. Metropolitan Museum of ArtCourt of Appeals for the Second Circuit · 1924
- Sieracki v. Seas Shipping Co.District Court, E.D. Pennsylvania · 1944
- Pleckaitis v. Henrik Ostervolze Docking Co.Court of Appeals for the Second Circuit · 1923
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