Legal Opinion

Marion Carl Migut and Margaret D. Migut, Astrobrillo Compania Naviera, S. A., Cross-Appellant v. Hyman-Michaels Company, Cross-Appellee

Court of Appeals for the Sixth Circuit

Decided April 7, 1978No. 76-2046, 76-2047PublishedCited by 21 opinions

1Opinion of the Court

LIVELY, Circuit Judge.

The question to be decided on this appeal is whether the owner of a vessel or its time charterer is ultimately liable for damages to the estate of a longshoreman who was fatally injured during loading operations. Frankie Lee Migut, age 17, who had worked as a longshoreman for two days, died from injuries received when he fell through a partially uncovered hatch in the ’tween deck of the Steamship Ionic and into the hold below. His estate sued the vessel and its owner, Astrobrillo Compañía Naviera, S. A. (owner), the time charterer, Hyman-Michaels Company (charterer), an…

2Cases cited12 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  3. Federal Marine Terminals, Inc. v. Burnside Shipping Co.Supreme Court of the United States · 1969
  4. Thomas W. Griffith v. Wheeling Pittsburgh Steel Corporation and American Commercial Lines, Inc.Court of Appeals for the Third Circuit · 1975
  5. Nichimen Company, Inc. v. M. v. Farland, Her Engines, Boilers, Etc., and A/s Vigra, Defendants-Appellants-Appellees v. Seaboard Shipping Co., Ltd.Court of Appeals for the Second Circuit · 1972

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Lauro De Los Santos v. Scindia Steam Navigation Co., Ltd., Seattle Stevedore Co., IntervenorCourt of Appeals for the Ninth Circuit · 1979
  2. Obbie Mallard and Daisy Mallard, His Wife v. Aluminum Company of Canada, Ltd., Obbie Mallard, Daisy Mallard, His Wife v. The M/v "Germundo", a Finnish Flag Vessel, Her Engine, Tackle and Appurtenances, Etc. In Rem Rederiaktiebolaget Gustaf Erikson and Consolidated-Bathurst Limited, in Personam, Defendants- Obbie Mallard and Daisy Mallard, His Wife v. The M/v "Germundo," Etc.Court of Appeals for the Fifth Circuit · 1981
  3. Mack J. Moore v. Phillips Petroleum Company, Odeco Oil & Gas CompanyCourt of Appeals for the Fifth Circuit · 1990
  4. James Turner, and Cross-Appellee v. Japan Lines, Ltd., and Philippine President Lines, Inc., Manila, and Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1981
  5. Kerr-McGee Corp. v. Ma-Ju Marine Services, Inc.Court of Appeals for the Fifth Circuit · 1987

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API