Legal Opinion

Davila v. S/S Vercharmian

District Court, E.D. Virginia

Decided November 19, 1965No. 8124PublishedCited by 6 opinions

1Opinion of the Court

WALTER E. HOFFMAN, Chief Judge.

Libelant, a citizen of Spain and a member of the crew of the SS VERCHARMI-AN, a vessel flying the flag of Great Britain, was seriously (but not permanently) injured when he fell through a small open hatch in the upper deck of the extreme forepeak of the vessel on July 26, 1960, at approximately 7:30 A.M.

The crux of this case lies in the lighting conditions prevailing at the time and the duty to warn under the existing circumstances. On the issue of liability the only testimony presented was by deposition of the libelant and the boatswain, Antonios Papageorgiou.…

2Cases cited2 opinions

  1. Pioneer Steamship Company v. Walter E. HillCourt of Appeals for the Sixth Circuit · 1955
  2. John T. Olah v. S.S. Jaladurga, Her Engines, Boilers, Etc., and Scindia Steam Navigation Co., Ltd., in Rem, Moon Engineering Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1965

3Cited by6 opinions

  1. Alier v. Sea Land Service, Inc.District Court, D. Puerto Rico · 1979
  2. Ribitzki v. Canmar Reading & Bates, Ltd. PartnershipCourt of Appeals for the Ninth Circuit · 1997
  3. Ribitzki v. Canmar Reading & Bates, Ltd. PartnershipCourt of Appeals for the Ninth Circuit · 1997
  4. Christopher Mitchell v. F/v Janice, Official Number 560264, Her Engines, Tackle and Appurtenances Ocean Warrior Inc., Corporation, and Warrior Fleet, Inc., a Corporation, in Rem and in Personam, Christopher Mitchell v. F/v Janice, Official Number 560264, Her Engines, Tackle and Appurtenances Ocean Warrior Inc., Corporation, and Warrior Fleet, Inc., a Corporation, in Rem and in PersonamCourt of Appeals for the Ninth Circuit · 1994
  5. Fernando Davila v. S.S. Vercharmian, Her Engines, Etc., in Rem, and Vergottis Ltd., as Owner, in PersonamCourt of Appeals for the Fourth Circuit · 1967

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