Legal Opinion
Kgell Bergan v. International Freighting Corp., Inc., and E. I. Dupont De Nemours & Co., and Odfjell Line, Inc.
Court of Appeals for the Second Circuit
Decided April 24, 1958No. 279, Docket 24614PublishedCited by 29 opinions
1Opinion of the Court
DIMOCK, District Judge.
Plaintiff appeals from a judgment dismissing, -at the end of plaintiff’s case, his action under the Jones Act. 46 U.S.C. § 688, 41 Stat. 1007. Judge Edelstein grounded the dismissal on his conclusion that plaintiff, in carrying out the duties in the course of which he was injured, was an employee of the shipowner and not of the charterer, defendant International Freighting Corp. Inc.
The appeal presents the issue whether, in spite of the fact that the ship was being operated under a time charter and not a demise, a question of fact as to .employment by .the charterer was…
2Cases cited6 opinions
- Cosmopolitan Shipping Co. v. McAllisterSupreme Court of the United States · 1949
- Munson S. S. Line v. Glasgow Nav. Co.Court of Appeals for the Second Circuit · 1916
- Callahan v. Munson Steamship LineAppellate Division of the Supreme Court of the State of New York · 1910
- Barnevo v. Munson Steamship LineNew York Court of Appeals · 1925
- Bull v. New York & Porto Rico S. S. Co.Court of Appeals for the Second Circuit · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Central Hudson Gas & Electric Corporation v. Empresa Naviera Santa S.A.Court of Appeals for the Second Circuit · 1995
- Anna Mahramas v. American Export Isbrandtsen Lines, Inc., and House of Albert, Inc.Court of Appeals for the Second Circuit · 1973
- Fitzgerald v. A. L. Burbank & Co.Court of Appeals for the Second Circuit · 1971
- Heinrich C. Horn, of the M/s Heinz Horn v. Cia De Navegacion Fruco, S.A. And J. R. Atkins, D/B/A Alabama Fruit and Produce Companu, Cia De Navegacion Fruco, S.A. And J. R. Atkins, D/B/A Albama Fruit and Produce Company v. Heinrich C. Horn, of the M/s Heinz HornCourt of Appeals for the Fifth Circuit · 1969
- Horn v. Cia de Navegacion FrucoCourt of Appeals for the Fifth Circuit · 1968
24 more not listed; retrieve them via the Exa API.