Port of New York Stevedoring Corp. v. Castagna
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by Michael Castagna against the Port of New York Stevedoring Corporation. Judgment for plaintiff, and defendant brings f.rror. Writ of error to the District Court for the Southern District of New York to review a judgment of S20,040.25 entered upon a verdict in favor of plaintiff below. The parties will he referred to as they were aligned below. Plaintiff is an alien.
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In Error to the District Court of the United States for the Southern District of New York. Action at law by Michael Castagna against the Port of New York Stevedoring Corporation. Judgment for plaintiff, and defendant brings f.rror. Writ of error to the District Court for the Southern District of New York to review a judgment of S20,040.25 entered upon a verdict in favor of plaintiff below. The parties will he referred to as they were aligned below. Plaintiff is an alien. Defendant is a New York corporation in the business of stevedoring. Plaintiff was a longshoreman. In the circumstances…
1Opinion of the CourtMayer, Circuit Judge
(after stating the facts as above). [1] 1. The first point urged by defendant is that he did not neglect any duty which he owed to plaintiff in regard to the inspection of the pile of dunnage wood, and therefore that the complaint should have been dismissed. There would, of course, have been no duty on the part of defendant, if the defect were a latent one, not discoverable by such an inspection as a reasonably prudent employing stevedore would make under like circumstances. It is now too elementary to require citation of cases that the employing defendant was required to furnish plaintiff…
2Cases cited7 opinions
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- The Max MorrisSupreme Court of the United States · 1890
- Liverani v. John T. Clark & SonNew York Court of Appeals · 1921
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Garrett v. Moore-McCormack Co.Supreme Court of the United States · 1942
- Garrett v. Moore-Mccormack Co., Inc.Supreme Court of the United States · 1943
- Jansson v. Swedish American LineCourt of Appeals for the First Circuit · 1950
- Southport Transit Company v. Avondale Marine Ways, Inc.Court of Appeals for the Fifth Circuit · 1956
- Weinstein v. Eastern Airlines, Inc.Court of Appeals for the Third Circuit · 1963
20 more not listed; retrieve them via the Exa API.