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Full-Text Articles in Legal Remedies
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 …