Italia Societa v. Oregon Stevedoring Co., Inc.
376 U.S. 315 (1964)

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U.S. Supreme Court

Italia Societa v. Oregon Stevedoring Co., Inc., 376 U.S. 315 (1964)

Italia Societa per Azioni di Navigazione v.

Oregon Stevedoring Co., Inc.

No. 82

Argued January 8, 1964

Decided March 9, 1964

376 U.S. 315

Syllabus

1. Shipowner may recover indemnity from a stevedore for breach of implied warranty of workmanlike service where the stevedore, without negligence, has supplied defective equipment which injures its own employee who has recovered a judgment against the shipowner on the basis of unseaworthiness. Pp. 376 U. S. 315-325.

2. The effect of a contract provision making stevedore responsible for injuries caused by its negligence on the existence of the implied warranty, not briefed or argued here, is to be determined by the Court of Appeals on remand. P. 376 U. S. 325.

310 F.2d 481 reversed and remanded.

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