SMITH v. A. H. BULL STEAMSHIP CO.

Civ. Nos. 11591, 12706.

208 F.Supp. 172 (1962)

Levi C. SMITH, to his own use and to the use of The Travelers Insurance Company, a body corporate, v. A. H. BULL STEAMSHIP CO. Levi C. SMITH v. The TRAVELERS INSURANCE COMPANY, a body corporate.

United States District Court D. Maryland.

September 5, 1962.


Attorney(s) appearing for the Case

Solomon Kaplan and Sol C. Berenholtz, Baltimore, Md., and Harvey Goldstein, New York City, for Levi C. Smith.

Randall C. Coleman, Jr., and Southgate L. Morison, Baltimore, Md., and Kirlin, Campbell & Keating, New York City, for A. H. Bull Steamship Co.

Mathias J. DeVito and Jesse Slingluff, Baltimore, Md., for The Travelers Insurance Co.


THOMSEN, Chief Judge.

The pending motions raise the question whether under the circumstances of this case a longshoreman who accepted compensation from his employer's insurance carrier under an award in 1958 may maintain an action in his own name to the use of the carrier against the ship-owner for negligence and unseaworthiness where the carrier has refused to bring such an action, or may require the carrier to reassign to the longshoreman the right of action against...

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