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Gutierrez Vs. Waterman Steamship Corp.
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- US Supreme Court
- May 13, 1963
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Gutierrez v. WatermanSearch
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Steamship Corp. - 373 U.S. 206 (1963) U.S. Supreme Court Gutierrez v. WatermanSearch
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Steamship Corp., 373 U.S. 206 (1963) Gutierrez v. WatermanSearch
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the point below, but, as is our practice, we will consider this threshold question before reaching the merits. McGrath v. KristensenSearch
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Ford Motor Co. v. TreasurySearch
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Matson Nav. Co. v. UnitedSearch
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Grace v. AmericanSearch
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Hope Ins. Co. v. BoardmanSearch
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Wheeldin v. WheelerSearch
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Brown Shoe Co. v. UnitedSearch
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a bridge or when its defective winch drops some Page 373 U. S. 210 cargo onto a longshoreman. Cf. Strika v. NetherlandsSearch
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Hagans v. FarrellSearch
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by its employees. And ships are libeled as readily for an unduly bellicose mate's assault on a crewman, see Boudoin v. LykesSearch
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Brief any citation in this list with AI Studio
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The Rolph, 299 F. 52 (C.A.9th Cir.), or for having an incompetent crew or master, see Keen v. OverseasSearch
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a barrel out of his loft need not control the sidewalk to be liable to the pedestrian whom the barrel hits. See Byrne v. BoadleSearch
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question is not one of first impression, for it was decided in petitioner's favor in Atlantic & Gulf Stevedores, Inc. v. EllermanSearch
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injured when a bale of burlap cloth fell on him because the metal bands wrapped about the bales, cf. Cotton-Tie Co. v. SimmonsSearch
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it includes fitness for loading and unloading. Seas Shipping Co. v. SierackiSearch
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when cargo is stowed unsafely in the hold, a longshoreman injured thereby may recover for unseaworthiness. E.g., Rich v. EllermanSearch
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Palazzolo v. Pan-AtlanticSearch
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Morales v. CitySearch
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in a cargo crate which broke when the longshoreman stood on it. Reddick v. McAllisterSearch
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stowage, or the cargo containers, must be reasonably fit for the purpose for which they are to be used. See Mitchell v. TrawlerSearch
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Morales v. CitySearch
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in this Court, although other federal courts have already recognized that the case law compels this conclusion. Strika v. NetherlandsSearch
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Pope & Talbot, Inc. v. CordraySearch
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on the dock, use of an improper wire cable caused a hatch cover to fall on him. Building on such cases as O'Donnell v. GreatSearch
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Accordingly, the court permitted recovery for unseaworthiness. See also Hagans v. FarrellSearch
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not plainly erroneous, and should not have been reversed. The test of laches is prejudice to the other party. Gardner v. PanamaSearch
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Cities Service Oil Co. v. PuertoSearch
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The Ellerman case was cited with approval in the later decision, Morales v. CitySearch
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Carabellese v. NavieraSearch
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absolute, and has been found to reach even transitory conditions arising after the outset of the voyage. See Mitchell v. TrawlerSearch
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extended -- in my view, quite questionably -- to equipment brought on board by a stevedore, see Alaska S.S. Co. v. PettersonSearch
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to see that it is stowed in a manner that does not make the ship itself an unsafe place to work. See, e.g., Palazzolo v. Pan-AtlanticSearch
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Rich v. EllermanSearch
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Carabellese v. NavieraSearch
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The Court, however, has concluded that it is bound by the determination last Term, in Atlantic & Gulf Stevedores, Inc. v. EllermanSearch
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the case cited by the Ellerman Court in support of its unseaworthiness conclusion, Weyerhaeuser S.S. Co. v. NaciremaSearch
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The Court's decision after Ellerman, in Morales v. CitySearch
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The result in Reddick v. McAllisterSearch
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U.S. Supreme Court Gutierrez v. WatermanSearch
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Cf. Strika v. NetherlandsSearch
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Boudoin v. LykesSearch
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Keen v. OverseasSearch
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See Byrne v. BoadleSearch
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Atlantic & Gulf Stevedores, Inc. v. EllermanSearch
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Cotton-Tie Co. v. SimmonsSearch
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