O'Dell Johnson and J. W. Johnson v. Mobile Towing & Wrecking Company, Inc., a Corporation

Fifth Circuit

O'Dell Johnson and J. W. Johnson v. Mobile Towing & Wrecking Company, Inc., a Corporation

339 F.2d 205, 1964 U.S. App. LEXIS 3647, 1965 A.M.C. 1271

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 8, 1964

Docket21349_1

StatusPublished

This text of 339 F.2d 205 (O'Dell Johnson and J. W. Johnson v. Mobile Towing & Wrecking Company, Inc., a Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Dell Johnson and J. W. Johnson v. Mobile Towing & Wrecking Company, Inc., a Corporation, 339 F.2d 205, 1964 U.S. App. LEXIS 3647, 1965 A.M.C. 1271 (5th Cir. 1964).

Pincite

Opinion

PER CURIAM.

The appellants sought recovery by an admiralty libel against the appellee as owner of the Tug Captain Miller, seeking recovery for personal injuries sustained by the appellant, O’Dell Johnson, upon falling from the deck into the engine room of the appellee’s tug. The district court found that the appellee had breached no duty owed to Mrs. Johnson and that her injuries were in no way proximately caused by the fault, carelessness, recklessness or negligence of the appellee. The appellants challenge these findings and urge that liability should have been found under the principles stated in Kermaree v. Compagnie Generale Transatlantique, 358 U.S. 625, *206 79 S.Ct. 406, 3 L.Ed.2d 550. Factual differences distinguish the Kermarec case from the ease before us. The rule there stated is not applicable here. The judgment of the district court was fully justified by the evidence and is Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellants sought recovery by an admiralty libel against the appellee as owner of the Tug Captain Miller, seeking recovery for personal injuries sustained by the appellant, O’Dell Johnson, upon falling from the deck into the engine room of the appellee’s tug. The district court found that the appellee had breached no duty owed to Mrs. Johnson and that her injuries were in no way proximately caused by the fault, carelessness, recklessness or negligence of the appellee. The appellants challenge these findings and urge that liability should have been found under the principles stated in Kermaree v. Compagnie Generale Transatlantique, 358 U.S. 625, *206 79 S.Ct. 406, 3 L.Ed.2d 550. Factual differences distinguish the Kermarec case from the ease before us. The rule there stated is not applicable here. The judgment of the district court was fully justified by the evidence and is Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

339 F.2d 205, 1964 U.S. App. LEXIS 3647, 1965 A.M.C. 1271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odell-johnson-and-j-w-johnson-v-mobile-towing-wrecking-company-inc-ca5-1964.

Opinion

Related

Cite This Page — Counsel Stack