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MOSLEY v. CIA. MAR. ADRA S.A.

Civ. No. 127-204.

257 F.Supp. 30 (1966)

Samuel MOSLEY, Plaintiff, v. CIA. MAR. ADRA S.A., Defendant and Third-Party Plaintiff, v. LIPSETT STEEL PRODUCTS, INC., Third-Party Defendant.

United States District Court S. D. New York.

January 27, 1966.

Attorney(s) appearing for the Case

Gay & Behrens, New York City (George J. Engelman, New York City, of counsel), for plaintiff.

Cichanowicz & Callan, New York City (Victor S. Cichanowicz, New York City, of counsel), for defendant and third-party plaintiff.

Purdy, Lamb & Catoggio, New York City (Vincent A. Catoggio, New York City, of counsel), for third-party defendant.

MEMORANDUM

MacMAHON, District Judge.

Plaintiff, a longshoreman employed by third-party defendant, was injured while loading scrap metal in a tween deck area of defendant's vessel. The jury, on a theory of unseaworthiness, returned a verdict in favor of plaintiff, but refused to award indemnity to the ship in its action over against the stevedore. Defendant now moves under Rule 50(b) of the Federal Rules of Civil Procedure for judgments n. o. v. against both...

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