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  • George Richter, Libelant-Appellant v. Mathiasen's Tanker Industries, Inc., and The S.S. Michael J, Her Engines, Hull, Tackle, Cargo and Her Appurtenances Thereof, 297 F.2d 494, 2d Cir. (1961)

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    George Richter appealed a district court ruling that found the S.S. Michael J was not unseaworthy after Richter was injured falling from a metal shelf while checking inventory in a small onboard storeroom. The appellate court approved the district court's findings that the storeroom's design did not make it an unsafe workspace and that the existence of small, high shelves alone did not render the vessel unseaworthy. The appellate court also found that Richter provided no credible evidence to support his claim that the vessel was unseaworthy. The district court's ruling was affirmed.

    Исходное описание:

    Filed: 1961-12-26 Precedential Status: Precedential Citations: 297 F.2d 494 Docket: 26592_1

    Оригинальное название

    George Richter, Libelant-Appellant v. Mathiasen's Tanker Industries, Inc., and the S.S. Michael J, Her Engines, Hull, Tackle, Cargo and Her Appurtenances Thereof, 297 F.2d 494, 2d Cir. (1961)

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    George Richter appealed a district court ruling that found the S.S. Michael J was not unseaworthy after Richter was injured falling from a metal shelf while checking inventory in a small onboard storeroom. The appellate court approved the district court's findings that the storeroom's design did not make it an unsafe workspace and that the existence of small, high shelves alone did not render the vessel unseaworthy. The appellate court also found that Richter provided no credible evidence to support his claim that the vessel was unseaworthy. The district court's ruling was affirmed.

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    18 просмотров2 страницы

    George Richter, Libelant-Appellant v. Mathiasen's Tanker Industries, Inc., and The S.S. Michael J, Her Engines, Hull, Tackle, Cargo and Her Appurtenances Thereof, 297 F.2d 494, 2d Cir. (1961)

    Загружено:

    Scribd Government Docs
    George Richter appealed a district court ruling that found the S.S. Michael J was not unseaworthy after Richter was injured falling from a metal shelf while checking inventory in a small onboard storeroom. The appellate court approved the district court's findings that the storeroom's design did not make it an unsafe workspace and that the existence of small, high shelves alone did not render the vessel unseaworthy. The appellate court also found that Richter provided no credible evidence to support his claim that the vessel was unseaworthy. The district court's ruling was affirmed.

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    из 2

    297 F.

    2d 494

    George RICHTER, Libelant-Appellant,


    v.
    MATHIASEN'S TANKER INDUSTRIES, INC., and THE S.S.
    MICHAEL J, her engines, hull, tackle, cargo and her
    appurtenances thereof, Respondents-Appellees.
    No. 86.
    Docket 26592.

    United States Court of Appeals Second Circuit.


    Submitted November 9, 1961.
    Decided December 26, 1961.

    Jacob Rassner, New York City, for libelant-appellant.


    Cichanowicz & Callan, New York City (Victor S. Cichanowicz, New
    York City, of counsel), for respondents-appellees.
    Before LUMBARD, Chief Judge, MEDINA and WATERMAN, Circuit
    Judges.
    PER CURIAM.

    Libelant appeals from a decree in admiralty adverse to him and claims that the
    trial judge, who tried the case without jury, erred in that he found the S. S.
    Michael J not to have been unseaworthy.

    The court below found that the libelant, while checking an inventory of spare
    parts that were stored on shelves in a small storeroom located off the
    engineroom, stood on a metal shelf about one foot off the deck in order to reach
    an upper shelf with his right hand, steadied himself with his left hand, and
    somehow fell from this position and landed on the deck, injuring himself. There
    was no oil or dirt on the floor of the storeroom, and at trial the libelant, to
    support his claim of unseaworthiness, sought to prove that there should have
    been a ladder available that he could have used. On appeal, libelant also asserts
    in his brief that the metal shelf was slippery, a claim that does not appear to

    have been made at trial.


    3

    The court below found that the use of a ladder in this small storeroom would
    not have been feasible.

    We have reviewed the material presented to us on appeal, and approve the


    findings of fact and conclusions of law of the trial judge. A small sized
    storeroom having a top shelf beyond easy arm's reach does not create an unsafe
    place to work, nor does the existence of such a storeroom on a merchant vessel
    cause that vessel to be unseaworthy. The fact that on a vessel an accident
    occurred and a seaman was injured in the course of his duties does not, without
    more, prove that the vessel was unseaworthy. We conclude, as the judge below
    concluded, that the libelant has produced no credible evidence whatsoever to
    support his claim of unseaworthiness.

    Affirmed.

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