Opinion · Court of Appeals for the Fifth Circuit

Gulf and South American Steamship Co., Inc. v. Edward Cabon Simmons, T. Smith & Son, Inc. v. Gulf and South American Steamship Co., Inc.

394 F.2d 504

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1968-07-24
Topic
general

PER CURIAM: The two judgments appealed from, one in favor of longshoreman Simmons against Gulf and American, and the other by the Steamship Company against T. Smith, the stevedoring company, posed only issues of fact for determination by the trial court. The appeals likewise present similar questions to us. There was ample evidence to warrant the judgments both on the main claim of Simmons (including the determination that Simmons was not guilty of contributory negligence) and on the cross claim by the Steamship Company against T. Smith, the stevedoring contractor, Ryan Stevedoring Co. v.

Citator

UpLaw has not yet analyzed Gulf and South American Steamship Co., Inc. v. Edward Cabon Simmons, T. Smith & Son, Inc. v. Gulf and South American Steamship Co., Inc.. The absence of a flag is not a finding that it is good law.

Cited by
6 opinions
GULF AND SOUTH AM. S.S. CO., INC. v. SIMMONS,394 F.2d 504(5th Cir. 1968)
GULF AND SOUTH AMERICAN STEAMSHIP CO., Inc., Appellant, v. Edward Cabon
SIMMONS, Appellee. T. SMITH SON, INC., Appellant, v. GULF AND SOUTH
AMERICAN STEAMSHIP CO., Inc., et al., Appellees.
No. 24912.
United States Court of Appeals, Fifth Circuit.
May 16, 1968.
Rehearing Denied July 24, 1968.
Charles Kohlmeyer, Jr., New Orleans, La., Thomas W. Thorne, Jr., Robert C. Leininger, New Orleans, La., for T. Smith Son, Inc.; Lemle Kelleher, New Orleans, La., of counsel.

M.D. Yager, William E. Wright, New Orleans, La., Benjamin W. Yancey, New Orleans, La., for appellant-appellee, Gulf South American Steamship Co., Inc.; Terriberry, Rault, Carroll, Yancey Farrell, New Orleans, La., of counsel.

Edgar N. Quillin, Arabi, La., Ray Clement, New Orleans, La., for Edward Cabon Simmons.
Before TUTTLE and SIMPSON, Circuit Judges, and BREWSTER, District Judge.
PER CURIAM:
The two judgments appealed from, one in favor of longshoreman Simmons against Gulf and American, and the other by the Steamship Company against T. Smith, the stevedoring company, posed only issues of fact for determination by the trial court. The appeals likewise present similar questions to us. There was ample evidence to warrant the judgments both on the main claim of Simmons (including the determination that Simmons was not guilty of contributory negligence) and on the cross claim by the Steamship Company against T. Smith, the stevedoring contractor, Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.,350 U.S. 124,76 S.Ct. 232,100 L. Ed. 133.

The judgments are affirmed.Page 505