Caldarola v. Eckert et al., Doing Business As Thor Eckert & Co. (332 U.S. 155)
U.S. Supreme Court · decided June 23, 1947 · Supreme Court Database (Spaeth)
- Citation
- 332 U.S. 155 · 67 S. Ct. 1569
- Docket
- No. 625
- Argued
- March 31, 1947
- Decided
- June 23, 1947
- Term
- October Term 1946
- Vote
- 5–4
- Majority author
- Justice Frankfurter
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Frankfurter (wrote), Justice Reed
- Dissenting
- Justice Douglas (wrote), Justice Black, Justice Rutledge (wrote), Justice Murphy
Opinion excerpt
Mr. Justice Frankfurter delivered the opinion of the Court. The S. S. Everagra is owned by the United States and managed in its behalf by the respondents as General Agents. (For the relevant portions of the contract and for full consideration of it in relation to issues other than those here involved, reference is made to Hust v. Moore-McCormack Lines, 328 U. S. 707.) On January 27, 1944, the Everagra, docked in the North River, New York City, was being unloaded by a stevedoring concern, the Jarka Company. Jarka did the unloading under a contract with the United States, negotiated through the War Shipping Administration. One of its provisions was that “the Administrator shall furnish and maintain in good working order all” necessary equipment. Caldarola, the petitioner, was an employee of Jarka. In the course of his work on the vessel he was injured. He brought this action in the New York courts against the respondents, claiming that his injury was caused by a defective boom and that they were liable for failing in their duty as Agents to maintain it in sound condition. The New York Court of Appeals, affirming the Appellate Division in setting aside a verdict for the petitioner, 270 App. Div. 563, 61 N. Y. S. 2d 164, held that under New York law the relation which the Agents bore to the vessel did not make them responsible to a third person for its condition. 295 N. Y. 463,…
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