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NICROLI v. DEN NORSKE AFRIKA-OG AUSTRALIELINIE, ETC.

210 F.Supp. 93 (1962)

Giuseppe NICROLI, Plaintiff, v. DEN NORSKE AFRIKA-OG AUSTRALIELINIE WILHELMSENS DAMPSKIBS-AKTIESELSKAB, A/S Tonsberg, A/S Tankfart I, A/S Tankfart IV, A/S Tankfart V and A/S Tankfart VI, Defendants and Third-Party Plaintiffs, v. INTERNATIONAL TERMINAL OPERATING CO., Inc., Third-Party Defendant.

United States District Court S. D. New York.

August 31, 1962.

Attorney(s) appearing for the Case

Di Costanzo & Klonsky & Sergi, Brooklyn, for plaintiff.

Haight, Gardner, Poor & Havens, New York City, for defendants and third-party plaintiffs; J. Ward O'Neill, Milton E. Bernhard, Thomas F. Molanphy, New York City, of counsel.

Alexander, Ash & Schwartz, New York City, for third-party defendant; Sidney A. Schwartz, New York City, of counsel.

McGOHEY, District Judge.

Giuseppe Nicroli, a longshoreman, suffered personal injuries while working aboard the M/S Troubadour on August 14, 1956. He seeks damages from the shipowner, alleging unseaworthiness and negligence.

The shipowner, if held liable, seeks indemnification from the stevedoring company (Stevedore), the plaintiff's employer, on the ground that the accident was the result of the latter's breach of its warranty of workmanlike service.

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