Crescent Wharf & Warehouse v. Compania Naviera De Baja Calif., Compania Naviera De Baja California v. Bernard Noriega

This action was brought by appellee Bernard A. Noriega (Noriega) against appellant Compania Naviera De Baja California, S.A., a corporation, (Compania) for personal injuries received while working as a stevedore on a vessel owned by said appellant. At the time of his injury on April 18,1963, Noriega was an employee of appellant-third party defendant, Crescent Wharf & Warehouse Company, a corporation, (Crescent) on board the vessel “San Luciano”. Compania filed a third party complaint against Crescent alleging that Crescent was negligent and breached its warranty of workmanlike service and sought indemnification for any liability it might have to Noriega. Crescent answered the third party complaint and as a special defense claimed that Compania failed to use ordinary care to provide a vessel, gear and equipment in such condition that Crescent would be able to load the vessel with reasonable safety. The case was tried to the court, without a jury, and the court awarded judgment in favor of plaintiff Noriega against Compania and a judgment in favor of Compania against Crescent on Compania’s claim for indemnity. Both Compania and Crescent have appealed.

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