Summary
In Spinelli v. Isthmian S.S. Co., 326 F.2d 870 (2d Cir.) (per curiam), cert. denied, 377 U.S. 935, 84 S.Ct. 1338, 12 L.Ed.2d 298 (1964), the trial judge found that a winch was not defective and that the accident happened because a stevedore changed from loads of six pipes on a winch to loads of nine pipes, thus creating too much of a strain on the winch; this court affirmed a finding that there was no unseaworthiness.
Summary of this case from Radovich v. Cunard Steamship Co.Opinion
No. 175, Docket 28385.
Argued November 19, 1963.
Decided January 13, 1964.
Bernard Chazen, Hoboken, N.J. (Milton Garber and Baker, Garber Chazen, Hoboken, N.J., on the brief), for libellant-appellant.
Robert P. Hart, New York City (Ralph C. Kreimer and Kirlin, Campbell Keating, New York City, on the brief), for respondent-petitioner.
Joseph Arthur Cohen, New York City (Sidney A. Schwartz and Alexander, Ash Schwartz, New York City, on the brief), for respondent-impleaded-appellee.
Before MEDINA, WATERMAN and MARSHALL, Circuit Judges.
Appellant Alfonso Spinelli, a longshoreman, was injured when helping to load cargo aboard the SS Steelmaker, owned by respondent-appellee Isthmian Steamship Company. The libel charges respondent-appellee with responsibility for the fall of a draft of steel pipe that was being hoisted in a sling from the pier to the vessel. The draft fell back because the brake on the ship's winch slipped and libellant-appellant was injured. The evidence amply sustains the finding of the trial judge that the winch was not defective and that the accident happened because the stevedore boss changed from drafts of 6 pipes to a draft of 9 pipes, although warned that such a load was too heavy for the winch. We affirm on the authority of Puddu v. Royal Netherlands Steamship Company, 2 Cir., 1962, 303 F.2d 752, cert. denied, 371 U.S. 840, 83 S.Ct. 67, 9 L.Ed.2d 75.
We affirm the decree in all respects, including the part thereof dismissing the cross-claim of the shipowner against the stevedore, International Terminal Operating Co., Inc., and involved in Isthmian's protective cross-appeal.