(Download) "Benevento v. United States" by Second Circuit Circuit Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Benevento v. United States
- Author : Second Circuit Circuit Court Of Appeals
- Release Date : January 29, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
An impleaded respondent is here seeking to implead the War Shipping Administrator in a libel for personal injuries to which the United States of America is already a party respondent. The libel was begun under the Suits in Admiralty Act, § 1 et seq., 46 U.S.C.A. § 741 et seq., by a longshoreman against the United States and American Export Lines as owner and operating agent respectively of the S. S. Woodrow Wilson. In his libel, Benevento, the libelant, alleged that the unseaworthiness of the vessel caused an accident in which he was severely injured. Respondents, acting under Admiralty Rule 56, 28 U.S.C.A. following section 723, impleaded Union Stevedoring Corporation, which, pursuant to contract, had been performing stevedoring work on the vessel when the accident occurred. In impleading Union, respondents claimed that the accident was caused not be unseaworthiness of the vessel, but by Unions negligent stevedoring. They also urged that if they suffered a judgment, they would be entitled, under the contract, to recover over against Union. Unions exceptions being overruled, D.C.S.D.N.Y., 68 F.Supp. 347, it then petitioned to implead the War Shipping Administrator as its indemnitor, under the contract, against liability arising from the negligence of its employees. The District Court dismissed this petition, and Union appeals.