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Mascuilli, v. United States

U.S.
May 22, 1967
387 U.S. 237 (1967)
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Summary

In Mascuilli v. United States, 387 U.S. 237, negligent use of a winch in a loading operation so obviously made the vessel pro tanto unseaworthy that we reversed out of hand a judgment of no liability, citing Mahnich and Crumady.

Summary of this case from Usner v. Luckenbach Overseas Corp.
See 4 Summaries

Opinion

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT.

No. 274.

Decided May 22, 1967.

Certiorari granted; 358 F.2d 133, reversed.

Abraham E. Freedman, Milton M. Borowsky and Martin J. Vigderman for petitioner.

Solicitor General Marshall, Assistant Attorney General Douglas and Alan S. Rosenthal for the United States.

PER CURIAM.

The petition for a writ of certiorari is granted and the judgment is reversed. Mahnich v. Southern S. S. Co., 321 U.S. 96; Crumady v. The Joachim Hendrik Fisser, 358 U.S. 423.

MR. JUSTICE HARLAN, MR. JUSTICE STEWART, and MR. JUSTICE WHITE are of the opinion that certiorari should be denied.

Summaries of

Mascuilli, v. United States

U.S.
May 22, 1967
387 U.S. 237 (1967)

In Mascuilli v. United States, 387 U.S. 237, negligent use of a winch in a loading operation so obviously made the vessel pro tanto unseaworthy that we reversed out of hand a judgment of no liability, citing Mahnich and Crumady.

Summary of this case from Usner v. Luckenbach Overseas Corp.

In Mascuilli, on the other hand, the district judge specifically found (a) that all appurtenances were fit for their intended use, (b) that the winch cut-offs had "no application or bearing on the instant case," 241 F. Supp. at 363, and (c) that the accident resulted solely from the negligence of the longshoremen engaged in the loading of the vessel.

Summary of this case from Venable v. A/S Det Forenede Dampskibsselskab

In Mascuilli, the undisputed facts were that a longshoreman employed in loading the defendant's vessel was struck and killed by a vang guy, which lashed back when the port shackle, which was subjected to a strain greatly in excess of that which it was designed to withstand, snapped.

Summary of this case from Satchell v. Svenska Ostasiatiska Kompaniet

In Mascuilli, the ship's personnel installed the shackle which had a safe working load rated at 50 tons, which was less than the weight of the 60 1/4 ton tank being loaded into the vessel.

Summary of this case from Venable v. A/S Det Forenede Dampskibs-Selskab
Case details for

Mascuilli, v. United States

Case Details

Full title:MASCUILLI, ADMINISTRATRIX v . UNITED STATES

Court:U.S.

Date published: May 22, 1967

Citations

387 U.S. 237 (1967)

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