Legal Opinion

Bomberger v. International Freighting Corp.

District Court, S.D. New York

Decided April 14, 1950Published

1Opinion of the Court

NOONAN, District Judge.

This is a motion for summary judgment. Plaintiff brings this action to recover damages for personal injuries sustained on June 11, 1946, aboard the “SS Amherst Victory”. Plaintiff alleges he was on board the vessel as an invitee, as he was an employee of an independent contractor performing work on the vessel. The defendant was a general agent for the United States, owner of the “SS Amherst Victory” under a standard uniform General Agency agreement.

An action can be maintained against an agent of the United States at common law for the agent’s own torts. Brady v.…

2Cases cited5 opinions

  1. Brady v. Roosevelt Steamship Co.Supreme Court of the United States · 1943
  2. Caldarola v. EckertSupreme Court of the United States · 1947
  3. Weade v. Dichmann, Wright & Pugh, Inc.Supreme Court of the United States · 1949
  4. Caldarola v. Moore-McCormack Lines, Inc.New York Court of Appeals · 1946
  5. McGowan v. J. H. Winchester & Co.Court of Appeals for the Second Circuit · 1948

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