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Petterson v. Steamship Jefferson Myers

The JEFFERSON MYERS. PETTERSON v. STEAMSHIP JEFFERSON MYERS, a Corporation, Et Al.

Petterson v. S.S. Jefferson Myers, 45 F.2d 162 (2d Cir. 1930)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
November 3, 1930
Docket
No. 18
Judges
Hand, Swan
Citations
45 F.2d 1621930 A.M.C. 19111930 U.S. App. LEXIS 3608

Opinion — Per Curiam

PER CURIAM.

The cause of suit against the steamship for maintenance and cure should not -have been dismissed [Seely v. City of N. Y., 24 F.(2d) 412 (C. C. A. 2)], though the liability was secondary to that of the stevedore. A proper award is $600.

It is not important here to determine whether the libelant’s contribution to his injuries was by negligence, or assumption of risk. In either case the Steamship Terminal .Operating Company cannot complain of the division of damages, as it has not filed any assignment of errors under Rule 37, subdivision 3, of this court. We do not therefore decide which it was. Taking, as we should,'the findings of the trial judge that the respondents’ witnesses were telling the truth, the libelant himself recognized that it was dangerous to work near the draughts of lumber as they came out of the ship. He had not been told to work there, but to keep out of the way of the stevedores, so that the doctrine of Cricket S. S. Co. v. Parry, 263 F. 523 (C. C. A. 2), does not apply. This ends any recovery against the steamship in tort, and charges him with either negligence or assumption of risk.

On the other hand, we read the language of the trial judge as assuming that he should not recover for his injuries so far as they were aggravated by his existing maladies. This we conceive to be a mistake. A tortfeasor is liable for all resulting damages, though aggravated by the diseased condition of the injured party. A sickly or maimed man recovers for everything occasioned by the wrong, though he would not have suffered so much had he been whole. Maguire v. Sheehan, 117 F. 819, 821 , 59 L. R. A. 496 (C. C. A. 1); Camp Mfg. Co. v. Beck, 283 F. 705, 707 (C. C. A. 4); McCahill v. N. Y. Transp. Co., 201 N. Y. 221 , 94 N. E. 616 , 48 L. R. A. (N. S.) 131, Ann. Cas. 1912A, 961. At any rate, we think the award too low, and raise it to $3,600, one-half of which is $1,-800.

Decree modified, so as to allow the libel-ant $1,800 as against the Steamship Terminal Operating Company with costs, and $600, secondarily against the steamship, with costs; only one bill of costs to be allowed in any event.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 14 cases

View all citing references →
1937: 21939: 11945: 11955: 11966: 11967: 21968: 11979: 11981: 11988: 11999: 12017: 119372026peak 1937 · 2

Relies on it most ⓘ

  1. United States Fidelity & Guaranty Co. v. United States152 F.2d 46 (2d Cir. 1945)
  2. Louis A. Maurer v. United States668 F.2d 98 (2d Cir. 1981)
  3. Milos v. Sea-Land Service, Inc.478 F. Supp. 1019 (S.D.N.Y. 1979)
  4. Andrew C. Gooden, Jr. v. Sinclair Refining Company v. Texaco, Inc.378 F.2d 576 (3d Cir. 1967)
  5. Pure Oil Company v. Geotechnical Corp. of Delaware129 F. Supp. 194 (E.D. La. 1955)
  6. Richardson v. St. Charles-St. John the Baptist Bridge & Ferry Authority284 F. Supp. 709 (E.D. La. 1968)

Most recent

  1. Ricky Koch v. Tote, Incorporated857 F.3d 267 (5th Cir. 2017)
  2. DiPirro v. United States189 F.R.D. 60 (W.D.N.Y. 1999)
  3. Andrew G. Black v. Red Star Towing & Transportation Co., Inc. and Mobil Oil Corp.860 F.2d 30 (2d Cir. 1988)
  4. Louis A. Maurer v. United States668 F.2d 98 (2d Cir. 1981)
  5. Milos v. Sea-Land Service, Inc.478 F. Supp. 1019 (S.D.N.Y. 1979)
  6. Richardson v. St. Charles-St. John the Baptist Bridge & Ferry Authority284 F. Supp. 709 (E.D. La. 1968)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
McCahill v. N.Y. Transp. Co., 94 N.E. 616 (N.Y. 1911) 65
Cricket S. S. Co. v. Parry, 263 F. 523 (2d Cir. 1920) 32
Seely v. City of N.Y., 24 F.2d 412 (2d Cir. 1928) 19
Camp Mfg. Co. v. Beck, 283 F. 705 (4th Cir. 1922) 8
Maguire v. Sheehan, 117 F. 819 (1st Cir. 1902) 5

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