Legal Opinion
Mississippi Valley Barge Line Co. v. T. L. James & Co.
District Court, E.D. Louisiana
Decided September 25, 1956No. Civ. A. 5320, Admiralty 2901PublishedCited by 10 opinions
1Opinion of the Court
J: SHELLY WRIGHT, District Judge.
This litigation presents a valiant but unsuccessful attempt to apply the law of common carriage to a contract of towage and thus avoid the public policy restrictions against release from liability for negligence clauses in towage contracts. 1 For the reasons hereinafter announced, this attempt fails, not only because certification as a .common carrier under the Interstate Commerce Act 2 does not render the law ■ with reference to towage
inapplicable, but also because the loss here was caused by improvident care of cargo, which, even under the Harter Act, is…
2Cases cited32 opinions
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
27 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Horton & Horton, Inc. v. T/S J. E. DyerCourt of Appeals for the Fifth Circuit · 1970
- Mississippi Valley Barge Line Company v. T. L. James & Co., Inc., Mississippi Valley Barge Line Company v. T. L. James & Co., Inc.Court of Appeals for the Fifth Circuit · 1957
- Flowers Transportation, Inc. v. M/v Peanut Hollinger, Her Engines, Tackle, Apparel, Etc., in Rem, Plimsoll Marine, Inc. And AdnacCourt of Appeals for the Fifth Circuit · 1981
- Houma Well Service, Inc. v. Tug Capt. O'BrienDistrict Court, E.D. Louisiana · 1970
- Mississippi Valley Barge Line Company v. Inland Waterways Shippers Association, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1961
5 more not listed; retrieve them via the Exa API.