International Terminal v. Nederl. Amerik, 393 U.S. 74 (1968)

International Terminal Operating Co., Inc. v.

N. V. Nederl. Amerik Stoomv. Maats.
No. 379

Decided October 21, 1968
393 U.S. 74

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SECOND CIRCUIT

Syllabus

Respondent, a shipowner, sought indemnity from petitioner, a stevedoring company, for damages respondent had paid petitioner’s employee, who had been injured while working on respondent’s ship. The Court of Appeals reversed the jury’s verdict for petitioner on the ground that, as a matter of law, petitioner had not taken reasonable action to avoid the injury.

Held: Under the Seventh Amendment, the issue as to the reasonableness of petitioner’s conduct should have been left to the jury. Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd., 369 U.S. 355 (1962).

Certiorari granted; 392 F.2d 763, reversed.