[Download] "Maalschappy v. Strachan Shipping Co." by United States Court Of Appeals Fifth Circuit. # Book PDF Kindle ePub Free

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eBook details

• Title: Maalschappy v. Strachan Shipping Co.
• Author : United States Court Of Appeals Fifth Circuit.
• Release Date : January 30, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The court below dismissed Royals third-party complaint against Strachan, and Royal appeals. Rawlinson, a longshoreman employed by Strachan, sued Royal for injuries sustained while on a Houston dock helping to load a ship owned by Royal. The accident occurred when Rawlinson was caught between a piece of pipe being loaded and the side of the ship. Since the injuries occurred while Rawlinson was on the dock and not on navigable waters, he pursued to settlement an action under the Workmens Compensation Act of Texas. Rawlinson then sued Royal in the state court claiming that his injuries were caused by negligence and by unseaworthiness of the vessel. By removal the case came to the federal court. Royal then filed a third-party complaint against Strachan asking for an indemnity for any recovery obtained by Rawlinson on the ground that Strachan had breached its implied contractual warranty to perform services in a workmanlike fashion. Royal settled the suit with Rawlinson. Strachan then moved for summary judgment on the third-party claim on the ground that Strachans payments to Rawlinson in compliance with the Texas Workmens Compensation Act barred Royals third-party action. The district court agreed with Strachan and entered judgment dismissing the third-party complaint.

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