Telfair v. Zim Israel Navigation Co‪.‬

WISDOM, Circuit Judge. Seas Shipping Company v. Sieracki, 1946, 328 U.S. 85, 66 S. Ct. 872, 90 L. Ed. 1099, extended the warranty of seaworthiness to longshoremen. Ryan Stevedoring Company v. Pan-Atlantic S.S. Corporation, 1956, 350 U.S. 124, 76 S. Ct. 232, 100 L. Ed. 133, shifted the liability to the stevedore when it breaches the warranty of workmanlike service. In this longshoreman (Telfair) -- shipowner (Zim Israel) -- stevedore (Luckenbach) case, Telfair complains of the court's granting a new trial which resulted in a much lower verdict than the verdict in his first trial. We review, first, the district court's decision to grant a new trial because it had originally withheld from the jury the shipowner's defense of contributory negligence and, second, its conclusion that the stevedore breached its warranty of workmanlike service. We affirm the district court's judgment.