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Cooper Stevedoring Co., Inc. v. Fritz Kopke, Inc., 417 U.S. 106 (1974)
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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.
Cooper Stevedoring Co., Inc. v. Fritz Kopke, Inc., 417 U.S. 106 (1974)
Cooper Stevedoring Co., Inc. v. Fritz Kopke, Inc. No. 73-726 Argued April 15-16, 1974 Decided May 28, 1974 417 U.S. 106
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
A longshoreman was injured when, while loading a vessel owned by one respondent and time chartered to the other (hereinafter collectively the Vessel), he stepped into a concealed gap between crates which had previously been loaded by petitioner. The longshoreman then sued the Vessel, which filed a third-party complaint against petitioner. The District Court found both the Vessel and petitioner negligent, and divided the liability equally. On petitioner’s appeal, the Court of Appeals affirmed.
Held: The award of contribution between joint tortfeasors in a noncollision maritime case was proper under the circumstances. On the facts, no countervailing considerations detract from the well established maritime rule allowing contribution between joint tortfeasors, since where the longshoreman, not being an employee of petitioner, could have proceeded against either the Vessel or petitioner, or both, and thus could have elected to make petitioner bear its share of the damages, there is no reason why the Vessel should not be accorded the same right. Halcyon Lines v. Haenn Ship Corp., 342 U.S. 282, distinguished. Pp. 110-115.
479 F.2d 1041, affirmed.
MARSHALL, J., delivered the opinion of the Court, in which all Members joined except STEWART, J., who took no part in the decision of the case. .
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Chicago: U.S. Supreme Court, "Syllabus," Cooper Stevedoring Co., Inc. v. Fritz Kopke, Inc., 417 U.S. 106 (1974) in 417 U.S. 106 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=9CDHU73JMZ2FRJN.
MLA: U.S. Supreme Court. "Syllabus." Cooper Stevedoring Co., Inc. v. Fritz Kopke, Inc., 417 U.S. 106 (1974), in 417 U.S. 106, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9CDHU73JMZ2FRJN.
Harvard: U.S. Supreme Court, 'Syllabus' in Cooper Stevedoring Co., Inc. v. Fritz Kopke, Inc., 417 U.S. 106 (1974). cited in 1974, 417 U.S. 106. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=9CDHU73JMZ2FRJN.
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