International Terminal Operating Company v. Nv Nederl Amerik Stoomv Maats

United States Supreme Court

393 U.S. 74

International Terminal Operating Co., Inc.  v.  N.V. Nederl. Amerik Stoomv. Maats

On Petition for Writ of Certiorari to the United States Court of Appeals for the Second Circuit

No. 379.  Argued: N/A --- Decided: October 21, 1968

Respondent, a shipowner, sought indemnity from petitioner, a stevedoring company, for damages respondent had paid petitioner's employee, who had been injured while working on respondent's ship. The Court of Appeals reversed the jury's verdict for petitioner on the ground that as a matter of law petitioner had not taken reasonable action to avoid the injury.

Held: Under the Seventh Amendment the issue as to the reasonableness of petitioner's conduct should have been left to the jury. Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd., 369 U.S. 355 (1962).

Certiorari granted; 392 F.2d 763, reversed.

Sidney A. Schwartz for petitioner.

Edmund F. Lamb for respondent.

PER CURIAM.

Notes