Legal Opinion
Victorias Milling Co., Inc., as Owners of the M/v Nonsuco v. Panama Canal Company
Court of Appeals for the Fifth Circuit
Decided November 30, 1959No. 17393PublishedCited by 13 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
Before stating his findings and conclusions of law in this case, the trial judge said to the proctors for the Panama Canal Company: “I know this is a question that will haunt you forever until you get this res ipsa out of your way.” The question, important to the Panama Canal Company and to users of the Canal, is whether the doctrine of res ipsa loquitur applies based on the mere fact that a live 1 vessel, under the charge of a Panama Canal Company pilot, strikes the banks of the Canal.
The libelant did not plead nor attempt to prove any specific act of negligence on the…
2Cases cited22 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Johnson v. United StatesSupreme Court of the United States · 1948
- Jesionowski v. Boston & Maine RailroadSupreme Court of the United States · 1947
- The SeveranceCourt of Appeals for the Fourth Circuit · 1945
- The AnacondaCourt of Appeals for the Fourth Circuit · 1947
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. Emery H. JoyceCourt of Appeals for the Ninth Circuit · 1975
- The Andros Shipping Co., Ltd. v. Panama Canal Company, and Empresa Nacional Del Petroleo, Empresa Nacional Del Petroleo v. Panama Canal CompanyCourt of Appeals for the Fifth Circuit · 1962
- Andros Shipping Co. v. Panama Canal CompanyDistrict Court, Canal Zone · 1960
- McDonald v. DEPT. OF PRO. REGULATIONDistrict Court of Appeal of Florida · 1991
- Afran Transport Company, as Owner of the S/s Cabimas v. The S/s Transcolorado, Hudson Waterways Corporation, Panama Canal CompanyCourt of Appeals for the Fifth Circuit · 1972
8 more not listed; retrieve them via the Exa API.