Legal Opinion
Cushing v. Texas & P. Ry. Co.
District Court, E.D. Louisiana
Decided August 24, 1951No. Civ. 883, 885-888PublishedCited by 10 opinions
1Opinion of the Court
WRIGHT, District Judge.
Five suits now consolidated were brought against the liability underwriters of the owner and charterer of the towboat Jane Smith as well as against the Texas & Pacific Railway Company to recover damages for the death of seamen employed aboard the vessel. The men were drowned when the towboat capsized and sank in the Atchafalaya River. Plaintiffs’ right to bring a direct action against the underwriters of the owner and charterer is predicated on Title 22, § 655 of the Louisiana Revised Statutes of 1950.
The underwriters have moved to dismiss and for summary judgment,…
2Cases cited3 opinions
- Norwich Co. v. WrightSupreme Court of the United States · 1872
- Lindgren v. United StatesSupreme Court of the United States · 1930
- The City of NorwichSupreme Court of the United States · 1886
3Cited by10 opinions
- Maryland Casualty Co. v. CushingSupreme Court of the United States · 1954
- Cushing v. Maryland Cas. Co.Court of Appeals for the Fifth Circuit · 1952
- Claudie R. Lovless v. Employers' Liability Assurance Corporation, LimitedCourt of Appeals for the Fifth Circuit · 1955
- Greater New Orleans Expressway Commission v. the Tug ClaribelDistrict Court, E.D. Louisiana · 1963
- Delaune v. Saint Marine Transportation Co.District Court, E.D. Louisiana · 1990
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