W. J. Jones & Son, Inc., a Corporation v. Calmar Steamship Corporation, Calmar Steamship Corporation v. Pittston Stevedoring Corporation
Opinion
Opinion
Merrill, J.
This case arose as an action for indemnity brought by a ship operator and his insurers against a west coast loading stevedore to recover settlement moneys paid to an injured employee of an east coast discharging stevedore. The sums were paid to settle a claim of liability due to injury arising from unseaworthy condition of the vessel. Indemnity is here sought under Ryan Stevedoring Company v. Pan-Atlantic Steamship Corporation, 1956, 350 U.S. 124 , 76 S.Ct. 232 , 100 L.Ed. 183 , upon the ground that the unseaworthy condition was brought about by the negligent manner in which the loading stevedore had stowed the ship’s cargo. From judgment of the District Court in favor of the libelants the libelee has taken this appeal.
Appellee Calmar Steamship Corporation was operator of the vessel Alamar. Appellant Jones was a stevedore firm which, in June, 1954, loaded lumber aboard the vessel at Newport, Oregon. Pittston Stevedoring Corporation (im-pleaded in the case by Jones’ petition under fifty-sixth Admiralty Rule, 28 U.S.C. A.) was the stevedore which later, on July 6, 1954, discharged the lumber from the vessel at Brooklyn. Edward Oprosko was a longshoreman employed by Pitts-ton. He…