Legal Opinion

Benjamin F. Kent and Employers Casualty Co. v. Shell Oil Company and the Texas Company

Court of Appeals for the Fifth Circuit

Decided March 7, 1961No. 18181_1PublishedCited by 28 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

This is a variation in a minor key of the recurring theme on the rights of maritime workers or those working, ashore or afloat, around maritime enterprises. At times the problem takes the cast of whether the person injured is a seaman entitling him to sue his employer under the Jones Act or the General Maritime Law for Unseaworthiness rather than recover workmen’s compensation under either the State or Federal Acts. 1 In others the question is whether in a claim by an employee against his employer, the recovery is under the State rather than the Federal…

2Cases cited35 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
  3. Alaska Steamship Co. v. PettersonSupreme Court of the United States · 1954
  4. Offshore Co. v. RobisonCourt of Appeals for the Fifth Circuit · 1959
  5. Michalic v. Cleveland Tankers, Inc.Supreme Court of the United States · 1960

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

3Cited by28 opinions

  1. Pure Oil Company v. Tracy L. SnipesCourt of Appeals for the Fifth Circuit · 1961
  2. Mike Hooks, Inc. v. Gonzalo PenaCourt of Appeals for the Fifth Circuit · 1963
  3. Raymond E. Pryor, Personal Representative of the Estate of Marion L. Stephens, Deceased v. American President LinesCourt of Appeals for the Fourth Circuit · 1975
  4. Koninklyke Nederlandsche Stoomboot Maalschappy, N v. Royal Netherlands Steamship Company v. Strachan Shipping Co.Court of Appeals for the Fifth Circuit · 1962
  5. Green v. Vermilion Corp.Court of Appeals for the Fifth Circuit · 1998

23 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