Legal Opinion
Toomey v. Waterman SS Corporation
Court of Appeals for the Second Circuit
Decided November 24, 1941No. 40PublishedCited by 29 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
The questions raised by this appeal are whether the plaintiff by acceptance of the compensation paid under the Longshoremen’s Act elected to abandon his right to recover indemnity from third persons and whether, irrespective of a conscious election, such an acceptance operated as an assignment to his employer, Ryan Stevedoring Company, of all his rights to recover damages against Waterman Steamship Corporation and Waterman Steamship Agency, Ltd.
Under Title 33, Section 914 (a) U.S.C.A. the act provides: “Compensation * * * shall be paid periodically, promptly,…
2Cases cited4 opinions
- Johnsen v. American-Hawaiian S. S. Co.Court of Appeals for the Ninth Circuit · 1938
- Lavino Shipping Co. v. SpeckCourt of Appeals for the Third Circuit · 1939
- Sciortino v. Dimon SS CorporationDistrict Court, E.D. New York · 1930
- Freader v. Cities Service Transp. Co.District Court, S.D. New York · 1935
3Cited by29 opinions
- American Stevedores, Inc. v. PorelloSupreme Court of the United States · 1947
- Rodriguez v. Compass Shipping Co.Supreme Court of the United States · 1981
- Mitchell v. the EtnaCourt of Appeals for the Third Circuit · 1943
- Fontana v. Pennsylvania R. Co.District Court, S.D. New York · 1952
- Grasso v. LorentzenCourt of Appeals for the Second Circuit · 1945
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