Kermarec v. Compagnie Generale Transatlantique
United States Supreme Court
358 U.S. 625, 79 S. Ct. 406, 3 L. Ed. 550, 1959 AMC 597 (1959)
- Written by Carolyn Strutton, JD
Facts
Joseph Kermarec (plaintiff) had permission to board the S.S. Oregon to visit his friend Henry Yves, who was a member of the ship’s crew, while the vessel was berthed in the North River in New York City. Kermarec was injured onboard while he was descending a staircase. Kermarec sued the owner of the vessel, Compagnie Generale Transatlantique (Compagnie) (defendant) in federal district court at law under diversity jurisdiction, alleging unseaworthiness and negligence. The district judge held that New York tort law should apply and therefore dismissed the unseaworthiness claim. The judge instructed the jury that under state law, Kermarec could only recover if Compagnie had failed to warn him of a dangerous condition of which Compagnie had actual knowledge, and only if Kermarec had not been contributorily negligent. The jury returned a verdict in Kermarec’s favor. The judge granted Compagnie’s motion to set the verdict aside, however, holding that there was no proof that Compagnie had actual knowledge of a dangerous condition involving the stairway. The court of appeals affirmed the decision, and Kermarec appealed.
Rule of Law
Issue
Holding and Reasoning (Stewart, J.)
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