Legal Opinion

Dammers & Van Der Heide Shipping & Trading (Antilles) Inc. v. Steamship Joseph Lykes

District Court, E.D. Louisiana

Decided April 11, 1969No. 8036, Civ. A. Nos. 66-289, 66-315, 66-316, 66-325, 66-327PublishedCited by 7 opinions

1Opinion of the Court

CASSIBRY, District Judge:

FINDINGS OF FACT

1

These consolidated actions arose out of Hurricane Betsy which struck the port of New Orleans on the night of September 9th and early morning of September 10, 1965. Owners of various moored vessels, which were damaged as a result of the breakaway of others, contend that the owners of the SS JOSEPH LYKES, SS WINGED ARROW and the United States Army barges were negligent in preparing for the hurricane, in mooring the vessels, and have not overcome the presumption of fault for striking stationary objects.

2

The plaintiffs against Lykes Bros. Steamship Co.,…

2Cases cited8 opinions

  1. The LouisianaSupreme Court of the United States · 1866
  2. Mrs. Edith Boudoin v. J. Ray McDermott & Company, Inc.Court of Appeals for the Fifth Circuit · 1960
  3. Patapsco Scrap Corporation v. Maryland Shipbuilding & Dry-Dock CompanyCourt of Appeals for the Fourth Circuit · 1959
  4. The Mary T. TracyCourt of Appeals for the Second Circuit · 1925
  5. Compania De Vapores Insco, S.A. v. Missouri Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1956

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3Cited by7 opinions

  1. Petition of the United States of America, as Owner of the S/s Winged Arrow, for Exoneration From or Limitation of Liability. Dammers & Van Der Heide Shipping & Trading (Antilles), Inc., as Owner of the M/v Santa Maria v. The Steamship Joseph Lykes, Her Engines, Etc., in Rem, and Lykes Bros. Steamship Co., Inc., in Personams., Central Gulf Steamship Corporation, as Owner of the S/s Green Port, Claimant-Appellant v. Lykes Bros. Steamship Company, Inc., and the S/s Joseph Lykes, Marine Tankers, Inc., as Owner of the Mt Savfuel v. S/s Joseph Lykes, Her Engines, Etc., in Rem, and Lykes Bros. Steamship Co., Inc., in PersonamCourt of Appeals for the Fifth Circuit · 1970
  2. In Re Marine Leasing Services, Inc.District Court, E.D. Louisiana · 1971
  3. Skandia Ins. Co., Ltd. v. Star Shipping AsDistrict Court, S.D. Alabama · 2001
  4. In re the Complaint & Petition of International Marine Development Corp.District Court, S.D. Mississippi · 1971
  5. Pioneer Natural Resources USA, Inc. v. Diamond Offshore Co.District Court, E.D. Louisiana · 2009

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