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Articles 1 - 9 of 9
Full-Text Articles in Admiralty
Admiralty - Collision - Last Clear Chance, Erik Stapper
Admiralty - Collision - Last Clear Chance, Erik Stapper
Michigan Law Review
The City of Calcutta anchored in the navigation channel as an emergency precaution on a foggy night. The vessel was hit by a scow in tow of the tug Brooklyn, whose navigator had observed the anchored ship for ten minutes. The scow sank and its owner sought to hold the City of Calcutta liable for failure to get underway after the fog had lifted. Held, libel dismissed. Even if the Calcutta was remiss in not moving, no liability could attach because the Brooklyn had the last clear chance of avoiding the accident. Arundel Corp. v. The City of …
Admiralty - Unseaworthiness - Recovery For Injuries Resulting From Condition Arising After Commencement Of The Voyage, John L. Peschel
Admiralty - Unseaworthiness - Recovery For Injuries Resulting From Condition Arising After Commencement Of The Voyage, John L. Peschel
Michigan Law Review
Plaintiff, a member of the crew of a fishing vessel, sustained injuries while disembarking when he slipped on a slimy substance on the ship railing. In an action brought against the shipowner, the seaman sought recovery on three alternative grounds: first, under the Jones Act based upon negligence; second, under general maritime law based upon the obligation of the shipowner to furnish a seaworthy vessel; third, under general maritime law for maintenance and cure. Judgment was entered pursuant to a verdict limiting the seaman to recovery for maintenance and cure. On the seaman's appeal from the adverse verdict on the …
Admiralty - Limitation Of Liability - Right Of Vendor Of Chattel To Limit Liability, Bruce L. Bower S.Ed.
Admiralty - Limitation Of Liability - Right Of Vendor Of Chattel To Limit Liability, Bruce L. Bower S.Ed.
Michigan Law Review
The United States sold a steam tanker to S corporation and S delivered the vessel to T corporation for repairs. While it was moored at T's pier there was an explosion on board which caused extensive damage to the vessel and killed or injured fifty-two persons. T filed a libel against the United States alleging that at the time of the sale to S the United States also had sold, by a separate contract, a quantity of oil located in the vessel. The libelant further alleged that the United States, having represented the oil to be of one type …
Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh
Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh
Michigan Law Review
Petitioner was injured on his employer's barge moored in navigable waters while assisting in a loading operation. The employer was insured solely under the Federal Longshoremen's and Harbor Workers' Act. Instead of pursuing the remedy available under the federal act, petitioner brought the common law action authorized by state workmen's compensation legislation in the state courts. The Oregon Supreme Court affirmed judgment for the employer on the ground that the injury was covered exclusively by the federal act. On certiorari to the United States Supreme Court, held, reversed per curiam, two justices dissenting. The injury was incurred within the …
Admiralty - Warranty Of Seaworthiness - Longshoreman's Choice Of Remedies, Richard E. Young
Admiralty - Warranty Of Seaworthiness - Longshoreman's Choice Of Remedies, Richard E. Young
Michigan Law Review
Plaintiff, employee of a stevedoring company hired to unload defendant's ship, was injured while operating a defective chisel truck in the ship's hold. The truck belonged to and was operated, maintained and brought aboard by the stevedoring company, the ship having no similar equipment. Furthermore, the stevedoring company was assumed to be aware of the defect prior to the accident. Plaintiff brought suit for damages against the shipowner alleging unseaworthiness, and the shipowner impleaded the stevedoring company as a third-party defendant. On motion by the defendants for summary judgment, held, motion denied. The shipowner is liable on an absolute …
Admiralty - Death On The High Seas Act - Effect On Workmen's Compensation Recoveries, Thomas E. Kauper S.Ed.
Admiralty - Death On The High Seas Act - Effect On Workmen's Compensation Recoveries, Thomas E. Kauper S.Ed.
Michigan Law Review
Decedent, aboard an airliner in his capacity as flight service supervisor, was killed when the plane crashed into the Pacific. Respondent airlines, decedent's employer, filed an application with the California Industrial Accident Commission to determine its liability under the California Workmen's Compensation Act. The commission awarded decedent's widow a death benefit despite the widow's objection to the commission's jurisdiction. Prior to the award the widow as administratrix of decedent's estate initiated this action under the Death on the High Seas Act (DHSA) in admiralty. On motion for summary judgment in respondent's favor, held, motion granted. DHSA is applicable to …
The Jones Act: The Employer As An Insurer; Constitutional Aspects, Douglas M. Fryer
The Jones Act: The Employer As An Insurer; Constitutional Aspects, Douglas M. Fryer
Washington Law Review
In Kernan v. American Dredging Co., the United States Supreme Court categorically rejected negligence as a test of liability under the Jones Act. Thus, for the first time the Court has stated what has been apparent for some time: that proof of negligence, in the common-law sense of the term, is no longer necessary to recover in a Jones Act suit. This Comment will attempt to trace the gradual erosion of tort theory as the standard and the re-establishment of what now seems to be liability without fault. A constitutional problem raised by this trend has not as yet been …
Marine Insurance And The Substantive Admiralty Law A Comment On The Wilburn Boat Company Case, Brunson Macchesney
Marine Insurance And The Substantive Admiralty Law A Comment On The Wilburn Boat Company Case, Brunson Macchesney
Michigan Law Review
At the invitation of the editors, Professor MacChesney undertook to write this article especially for the memorial issue as a tribute to Professor Durfee, his former teacher.
Duration Of Seamen's Maintenance And Cure Rights, Howard S. Stern
Duration Of Seamen's Maintenance And Cure Rights, Howard S. Stern
Cleveland State Law Review
It is well settled that an injured or disabled seaman is entitled to "maintenance and cure" at the expense of the owners of his vessel at least until the end of the voyage,' provided that the need therefor exists that long. The minimum limits of this liability are fixed and certain, and have been so for over fifty years. The more important problem concerns the maximum limit of liability. Stating the problem in the form of a query: At what point does liability for maintenance and cure cease? On this point there is wide divergence of opinion. One of the …