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

Court of Appeals for the Fifth Circuit·Decided December 8, 1964·No. 21349_1·Published

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.

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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.

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

339 F.2d 205 (O'Dell Johnson and J. W. Johnson v. Mobile Towing & Wrecking Company, Inc., a Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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