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Harris v. Reederei

United States Court of Appeals, Fourth Circuit
Mar 8, 1979
596 F.2d 92 (4th Cir. 1979)

Opinion

No. 78-1380.

Argued February 8, 1979.

Decided March 8, 1979.

C. Arthur Rutter, Jr., Norfolk, Va. (John H. Klein, Breit, Rutter Montagna, Norfolk, Va., on brief), for appellant.

Michael F. Leban and Charles R. Dalton, Jr., Norfolk, Va. (Seawell, McCoy, Dalton, Hughes, Gore Timms, Norfolk, Va., on brief), for appellee.

Appeal from the United States District Court for the Eastern District of Virginia.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.


In appealing from a judgment in favor of the shipowner in his action to recover for injuries allegedly sustained by him while working as a longshoreman by reason of the defendant shipowner's negligence, the plaintiff longshoreman assigns error in the failure of the district court, in its instructions to the jury, to submit his proposed instruction on the shipowner's duty to a longshoreman working on the latter's vessel. Since the requested instruction was concededly contrary to the rule as declared in Chavis v. Finnlines, Ltd., O/Y (4th Cir. 1978) 576 F.2d 1072, and Riddle v. Exxon Transp. Co. (4th Cir. 1977) 563 F.2d 1103, the district court did not err in refusing the instruction.

The plaintiff has also challenged the district court's refusal to include in its jury charge a statement of the sums received by him for medical benefits and indemnity compensation benefits under the terms of the Longshoremen's and Harbor Workers' Compensation Act. In the context of a suit in which the longshoreman is the sole plaintiff, it was not error to refuse to so charge the jury. Cf., Riddle v. Exxon Transp. Co., supra.

The judgment of the district court is accordingly

AFFIRMED.


Summaries of

Harris v. Reederei

United States Court of Appeals, Fourth Circuit
Mar 8, 1979
596 F.2d 92 (4th Cir. 1979)
Case details for

Harris v. Reederei

Case Details

Full title:JOSEPH S. HARRIS, APPELLANT v. H. SCHULDT REEDEREI, APPELLEE

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 8, 1979

Citations

596 F.2d 92 (4th Cir. 1979)

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