Legal Opinion

Aaron Alexander v. Bethlehem Steel Corporation, and Third-Party v. International Terminal Operating Co., Inc., Third-Party

Court of Appeals for the Second Circuit

Decided August 1, 1967No. 30486_1PublishedCited by 32 opinions

1Opinion of the Court

MOORE, Circuit Judge:

This case raises the same issue presented in Candiano v. Moore-McCormack Lines, Inc., 2 Cir., 382 F.2d 961, also decided today, to wit: Can a ship be rendered unseaworthy solely *964on account of the negligence of a longshoreman during a loading operation? A long line of cases in this Circuit starting with Grillea v. United States, 232 F.2d 919 (2 Cir. 1956), had held that operational negligence alone does not create unseaworthiness, but in Candiano, we recognized that the Supreme Court rejected the distinction between operational negligence and unseaworthiness in Mascuilli…

2Cases cited3 opinions

  1. Felice Grillea v. United States and National Shipping AuthorityCourt of Appeals for the Second Circuit · 1956
  2. Mascuilli v. United StatesSupreme Court of the United States · 1967
  3. Carmelo Candiano v. Moore-Mccormack Lines, Inc. v. John W. McGrath Corp., Third-PartyCourt of Appeals for the Second Circuit · 1967

3Cited by32 opinions

  1. Usner v. Luckenbach Overseas Corp.Supreme Court of the United States · 1971
  2. Usner v. Luckenbach Overseas Corp.Supreme Court of the United States · 1971
  3. Grigsby v. Coastal Marine Service of Texas, Inc.Court of Appeals for the Fifth Circuit · 1969
  4. James E. Venable v. A/s Det Forenede DampskibsselskabCourt of Appeals for the Fourth Circuit · 1968
  5. Walter Lundy v. Isthmian Lines, Inc.Court of Appeals for the Fourth Circuit · 1970

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