Legal Opinion

The First National Bank of Chicago, of the Will of Wayne J. Hart, Deceased, Cross-Appellant v. Material Service Corporation, a Corporation, Cross

Court of Appeals for the First Circuit

Decided June 1, 1979No. 78-1831, 78-1832PublishedCited by 33 opinions

1Opinion of the Court

MARKEY, Chief Judge.

Action in admiralty by the First National Bank of Chicago (Bank), executor of Wayne J. Hart (Hart), who died when his pleasure boat collided with a barge tow operated by Material Service Corporation (Material Service). 1 We affirm in part, reverse in part, and remand.

Background

In a first trial, the district court absolved Material Service of fault, viewing Hart’s imprudent navigation and boat handling as negligence and as the sole cause of the collision. On appeal, this court held Material Service guilty of certain statutory faults and remanded for a new trial. First…

2Cases cited39 opinions

  1. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  2. McAllister v. United StatesSupreme Court of the United States · 1954
  3. The PennsylvaniaSupreme Court of the United States · 1874
  4. The HarrisburgSupreme Court of the United States · 1886
  5. United States v. Reliable Transfer Co.Supreme Court of the United States · 1975

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3Cited by33 opinions

  1. General Motors Corp. v. Devex Corp.Supreme Court of the United States · 1983
  2. Robert Leslie Busche, Cross-Appellant v. Wallace E. Burkee, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1981
  3. Lummus Industries, Inc., Appellee/cross-Appellant v. D.M. & E. Corporation, and MacHine Development Corporation, Appellants/cross-AppelleesCourt of Appeals for the Federal Circuit · 1988
  4. Estate of Alexander C. Callas, Etc. v. United States of America and United States Army Corps of EngineersCourt of Appeals for the Seventh Circuit · 1982
  5. Stoddard v. Ling-Temco-Vought, Inc.District Court, C.D. California · 1981

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