Legal Opinion · Dissent

United States v. Benjamin Harrison and Jones Stevedoring Company

Court of Appeals for the Ninth Circuit

Decided April 29, 1957No. 15054Published

1Dissent

HEALY, Circuit Judge.

I dissent.

The contract between the United States and appellee Stevedoring Company expressly provided (in Clause 12 thereof) that the Company undertook to indemnify the government where injuries were caused either in whole or in part by the Company’s fault. The only exceptions to indemnification were if the accident was caused by the unseaworthiness of the vessel, and the Stevedoring Company either could not have discovered the unseaworthiness, or could not have prevented the accident; or if the accident was caused solely by the ship; or if it resulted from proper…

2Cases cited5 opinions

  1. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  2. American President Lines, Ltd., a Corporation v. Marine Terminals Corp., a CorporationCourt of Appeals for the Ninth Circuit · 1956
  3. United States v. Rothschild International Stevedoring Co.Court of Appeals for the Ninth Circuit · 1950
  4. United States v. Arrow Stevedoring Co.Court of Appeals for the Ninth Circuit · 1949
  5. Metcalfe v. ChiarelloCourt of Appeals for the Second Circuit · 1923

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