Legal Opinion

The Van Der Duyn

Court of Appeals for the Second Circuit

Decided November 13, 1919No. 32PublishedCited by 11 opinions

Appeal from the District Court of the United States for the Eastern District of New York. ' Suit in admiralty by Alfred Testut against the steamship Van der Duyn; the Siberian Steamship Corporation, claimant. Decree for libelant, and claimant appeals.

1Opinion of the Court

MANTON, Circuit Judge.

On the 21st of April, 1916, while the steamship Van der Duyn was at sea, the respondent, a coal passer, received a fracture of the ulna of his right arm. His right arm was caught between a bucket of ashes and the upper edge of an opening in the side of the ventilator. While the bucket was being hoisted up to the level of a doorway, through which it was to be put back out on the deck of the vessel, respondent’s arm became caught and injured. The cause of the injury was due to the failure, on the part of some one operating a winch, to use due care and diligence.

No evidence…

2Cases cited8 opinions

  1. The OsceolaSupreme Court of the United States · 1903
  2. The IroquoisSupreme Court of the United States · 1904
  3. The KenilworthCourt of Appeals for the Third Circuit · 1906
  4. The Eva B. HallDistrict Court, S.D. New York · 1902
  5. Olsen v. The ScotlandDistrict Court, S.D. New York · 1890

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

3Cited by11 opinions

  1. Krys v. Lufthansa German AirlinesCourt of Appeals for the Eleventh Circuit · 1997
  2. The Hanna NielsenCourt of Appeals for the Second Circuit · 1921
  3. Socony-Vacuum Oil Co. v. PremeauxCourt of Appeals of Texas · 1945
  4. Brock v. Standard Oil Co.District Court, E.D. Pennsylvania · 1940
  5. Sawyer v. California Tanker CompanyDistrict Court, D. New Jersey · 1957

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

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