Legal Opinion

American Export Lines, Inc., a Foreign Corporation v. Atlantic & Gulf Stevedores, Inc., a Corporation

Court of Appeals for the Fourth Circuit

Decided January 9, 1963No. 8738_1PublishedCited by 10 opinions

1Opinion of the Court

SOBELOFF, Chief Judge.

Can a stevedore rely upon its own negligence as a defense to the action of a shipowner seeking indemnity for a money judgment paid out to a victim of the stevedore’s carelessness? We hold that it cannot.

On September 26, 1956, during loading operations aboard the S.S. EXCELLER, owned by American Export Lines, a draft of freight struck the coaming of the No. 5 hatch. Its contents spilled into the hold, seriously injuring Arthur Harper, a longshoreman employed by Atlantic & Gulf Stevedores, who was working below. After collecting compensation from his employer under the…

2Cases cited14 opinions

  1. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  2. Crumady v. the Joachim Hendrik FisserSupreme Court of the United States · 1959
  3. Weyerhaeuser Steamship Co. v. Nacirema Operating Co.Supreme Court of the United States · 1958
  4. Waterman Steamship Corp. v. Dugan & McNamara, Inc.Supreme Court of the United States · 1960
  5. Antonio Paliaga v. Luckenbach Steamship Company, and Third-Party v. Turner & Blanchard, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1962

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. American Export Lines, Owner Pro Hac Vice of the S.S. Exmouth v. Norfolk Shipbuilding & Drydock CorporationCourt of Appeals for the Fourth Circuit · 1964
  2. Old Dominion Stevedoring Corporation v. Polskie Linie Oceaniczne, John H. Newby v. Polskie Linie OceaniczneCourt of Appeals for the Fourth Circuit · 1967
  3. Singer v. DorrDistrict Court, E.D. Louisiana · 1967
  4. Bielawski v. American Export LinesDistrict Court, E.D. Virginia · 1963
  5. McCross v. Ratnakar Shipping Co.District Court, D. Maryland · 1967

5 more not listed; retrieve them via the Exa API.

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