Legal Opinion
Thomas D. Dailey v. Alcoa Steamship Company, Inc.
Court of Appeals for the Fifth Circuit
Decided November 23, 1964No. 21084_1PublishedCited by 7 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
In this action against a shipowner for wages, maintenance and cure the sole question is whether the seaman was in the service of his ship when shortly after midnight in a New Orleans barroom he broke his leg by falling off a bar stool.
In his formal “Conclusions of Law” the district judge gave several grounds for dismissing the libel:
“The reasoning of the Aguilar case, however, is not at all applicable to the present situation. (1) Here there could be no conceivable connection between the service of the ship and the activities of libelant at the time of his injury. (2) He…
2Cases cited10 opinions
- McAllister v. United StatesSupreme Court of the United States · 1954
- Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
- Farrell v. United StatesSupreme Court of the United States · 1949
- Warren v. United StatesSupreme Court of the United States · 1951
- Barlow v. Pan Atlantic SS CorporationCourt of Appeals for the Second Circuit · 1939
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Balbino Jimenez Garay v. Carnival Cruise Line, Inc.Court of Appeals for the Eleventh Circuit · 1990
- Thomas E. Baker v. Ocean Systems, Inc.Court of Appeals for the Fifth Circuit · 1972
- Blouin v. American Export Isbrandtsen Lines, Inc.District Court, S.D. New York · 1970
- Bencic v. Marine Traders, Inc.District Court, D. Delaware · 1966
- CATLETT v. ATLANTIC CAPES FISHERIES, INC.District Court, D. New Jersey · 2024
2 more not listed; retrieve them via the Exa API.