Trojan Boat Company v. John J. Lutz, as Owner of the Yacht Beth II

Fifth Circuit

Trojan Boat Company v. John J. Lutz, as Owner of the Yacht Beth II

358 F.2d 299, 1966 U.S. App. LEXIS 6789, 1967 A.M.C. 1514

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 22, 1966

Docket22453_1

StatusPublished

This text of 358 F.2d 299 (Trojan Boat Company v. John J. Lutz, as Owner of the Yacht Beth II) 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

Trojan Boat Company v. John J. Lutz, as Owner of the Yacht Beth II, 358 F.2d 299, 1966 U.S. App. LEXIS 6789, 1967 A.M.C. 1514 (5th Cir. 1966).

Pincite

Opinion

PER CURIAM:

Two questions are posed in this appeal from a decree holding the manufacturer of the BETH II, a 27-foot 1961 cabin cruiser, solely responsible for her loss and the ensuing personal injury and property damages occasioned when she exploded during an effort to start the gasoline engines. The first is that the vessel owner’s own fault was so glaring in quality and operative effect that this should constitute the sole proximate cause of the casualty. This would exculpate Appellant certainly as to Lutz’ claim and theoretically as to those of the numerous by-stander claimants. 1 The second is that there is a total absence of evidence to sustain the finding that the design of the craft was defective for want of aft bilge ventilating ducts leading to aft ventilators in the transom.

These are typical fact questions whether land-based, maritime or amphibious. They readily pass muster on the clearly erroneous concept now so long absorbed by the admiralty. McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20.

Affirmed.

1

. However, the briefs inform us that Lutz, the vessel owner, was exonerated altogether in the limitation of shipowner’s liability proceeding, 46 U.S.C.A. § 181 et seq., in which the Appellant-Manufacturer did not file any claim in the nature of a third-party impleader as to. the claims earlier filed against it in the instant proceeding. British Transp. Comm. (The Duke of York) v. United States, 1957, 354 U.S. 129, 77 S.Ct. 1103, 1 L.Ed.2d 1234.

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

PER CURIAM:

Two questions are posed in this appeal from a decree holding the manufacturer of the BETH II, a 27-foot 1961 cabin cruiser, solely responsible for her loss and the ensuing personal injury and property damages occasioned when she exploded during an effort to start the gasoline engines. The first is that the vessel owner’s own fault was so glaring in quality and operative effect that this should constitute the sole proximate cause of the casualty. This would exculpate Appellant certainly as to Lutz’ claim and theoretically as to those of the numerous by-stander claimants. 1 The second is that there is a total absence of evidence to sustain the finding that the design of the craft was defective for want of aft bilge ventilating ducts leading to aft ventilators in the transom.

These are typical fact questions whether land-based, maritime or amphibious. They readily pass muster on the clearly erroneous concept now so long absorbed by the admiralty. McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20.

Affirmed.

1

. However, the briefs inform us that Lutz, the vessel owner, was exonerated altogether in the limitation of shipowner’s liability proceeding, 46 U.S.C.A. § 181 et seq., in which the Appellant-Manufacturer did not file any claim in the nature of a third-party impleader as to. the claims earlier filed against it in the instant proceeding. British Transp. Comm. (The Duke of York) v. United States, 1957, 354 U.S. 129, 77 S.Ct. 1103, 1 L.Ed.2d 1234.

Cite This Page — Counsel Stack

Bluebook (online)

358 F.2d 299, 1966 U.S. App. LEXIS 6789, 1967 A.M.C. 1514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trojan-boat-company-v-john-j-lutz-as-owner-of-the-yacht-beth-ii-ca5-1966.

Opinion

Related

Cite This Page — Counsel Stack