Hanseatische Reederei Emil Offen & Company, and Cross-Appellee v. Marine Terminals Corporation, and Cross-Appellant

Hanseatische Reederei Emil Offen & Company (the shipowner) was held liable, on the basis of unseaworthiness and negligence, to two longshoremen, Randolph and Periot, employees of a stevedore, Marine Terminals Corporation. The stevedore had contracted to unload Hanseatische’s ship, the Ditmar Koel, and the longshoremen were employed by the stevedore to do that work. The shipowner then sought indemnity from the stevedore for the amounts of the longshoremen’s judgments and for the expenses incurred in defending their actions, including attorneys’ fees. The District Court gave judgment for the shipowner for the amount of Randolph’s judgment, but denied recovery for the amount of Periot’s judgment. It also denied the shipowner its expenses in defending the actions. The shipowner appeals. The stevedore also appeals, seeking reversal of the shipowner’s recovery of the amount of Randolph’s judgment, and recovery of its expenses in defending the shipowner’s action for indemnity. On the shipowner’s appeal, we reverse. On the stevedore’s appeal, we affirm.

I. The Facts.

The work of unloading the ship was proceeding when the two longshoremen were injured. Periot was working in No. 2 hold.…