Legal Opinion · Dissent

Joseph Kermarec v. Compagnie Generale Transatlantique

Court of Appeals for the Second Circuit

Decided May 21, 1957No. 24203_1Published

1DissentClark, Chief Judge

However the defendant’s duty is defined here, liability would seem clear or at least so apparent as to justify the moderate award the jury gave. Putting a loose canvas on a steep flight of stairs is an invitation to injury; that the practice had been followed for some time without casualty can be only sheer luck. Two small tacks, removable by hand alone, were placed at the front of each tread on either side. That was all; nothing held the material going back to the rear of the tread or up the riser to the tread above. Each day the ship was in port the ship’s porter, Bourdon, in the scope of…

2Cases cited36 opinions

  1. Dalehite v. United StatesSupreme Court of the United States · 1953
  2. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  3. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
  4. Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
  5. Farrell v. United StatesSupreme Court of the United States · 1949

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