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Crumady v. The Joachim Hendrik Fisser, 358 U.S. 423 (1959)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Crumady v. The Joachim Hendrik Fisser, 358 U.S. 423 (1959)
Crumady v. The Joachim Hendrik Fisser No. 61 Argued January 12-13, 1959 Decided February 24, 1959 * 358 U.S. 423
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
Petitioner was injured while working for a stevedoring company engaged in unloading a ship in an American port under contract with a third party to whom the ship had been chartered. Petitioner brought this admiralty suit by libel in rem against the ship, which impleaded the stevedoring company. The District Court found that the ship was unseaworthy, and therefore liable to petitioner, but it also found that the primary cause of the accident was negligence of the stevedoring company which brought into play the unseaworthy condition of the ship, and it directed the stevedoring company to indemnify the ship for the damages to petitioner.
Held: the judgment of the District Court is sustained. Pp. 424-429.
1. The District Court correctly applied the concept of unseaworthiness, and its findings of fact were not clearly erroneous. Pp. 426-428.
2. Since the negligence of the stevedoring company which brought the unseaworthiness of the ship into play amounted to a breach of the warranty of workmanlike service, and that warranty was for the benefit of the ship, the ship is entitled to indemnity from the stevedoring company. Pp. 428-429.
249 F.2d 818 reversed, and judgment of the District Court reinstated.
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Chicago: U.S. Supreme Court, "Syllabus," Crumady v. The Joachim Hendrik Fisser, 358 U.S. 423 (1959) in 358 U.S. 423 358 U.S. 424. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=4LXHNCTITZ27TFW.
MLA: U.S. Supreme Court. "Syllabus." Crumady v. The Joachim Hendrik Fisser, 358 U.S. 423 (1959), in 358 U.S. 423, page 358 U.S. 424. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4LXHNCTITZ27TFW.
Harvard: U.S. Supreme Court, 'Syllabus' in Crumady v. The Joachim Hendrik Fisser, 358 U.S. 423 (1959). cited in 1959, 358 U.S. 423, pp.358 U.S. 424. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=4LXHNCTITZ27TFW.
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