Partenweederei
Partenweederei v. Weigel
Opinion
Lead Opinion
Jertberg, J.
George Weigel, libelant below, and appellee here, hereinafter called “libelant,” was an employee of Brady-Hamilton Stevedore Company, hereinafter called “Stevedore,” and acting within the course and scope of his employment when he was struck by a boom of the vessel BELGRANO, as he was operating a tractor in reverse motion and pulling with a towline a railroad car, then loaded with lumber, upon a permanently fixed railroad spurline on the dock along shipside for the purpose of placing the lumber *899 under and within reach of the vessel’s loading gear.
Libelant instituted his libel in admiralty, in rem against the vessel and in personam against its owner and operator, respondents below and appellants here, hereinafter collectively called “respondents.” The respondents denied liability and impleaded Stevedore as third-party libelant under Admiralty Rule 56, 28 U.S.C.A. in a cause of indemnity.
The question of the claim of respondents against Stevedore for indemnity was segregated and reserved until adjudication of libelant’s claim against respondents.
Following trial on the segregated issue of liability on libelant’s claim and the nature and extent of his damages, the District…