Legal Opinion

Penn Tanker Company v. United States of America, United States of America v. Penn Tanker Company

Court of Appeals for the Fifth Circuit

Decided March 21, 1969No. 25382PublishedCited by 36 opinions

1Opinion of the Court

DYER, Circuit Judge:

Penn Tanker Company, owner of the S. S. Penn Challenger, having settled a state court Jones Act 1 suit brought against it for the injury and death of a seaman, sought full indemnity against the United States under the Federal Tort Claims Act 2 asserting that although the shipowner was negligent, the Government’s subsequent wrongs caused all of the damages. From a judgment of the District Court awarding Penn Tanker “fifty percent indemnity” it appealed and the Government cross-appealed. We reverse.

The seaman, Hodges, sustained welding burns to both eyes while working on…

2Cases cited33 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  3. McAllister v. United StatesSupreme Court of the United States · 1954
  4. Kossick v. United Fruit Co.Supreme Court of the United States · 1961
  5. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950

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3Cited by36 opinions

  1. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971
  2. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1972
  3. Garland Wayne Kelly and Allen Eugene Kelly, Sr. v. J. C. Smith and Chicot Land Company, Inc.Court of Appeals for the Fifth Circuit · 1973
  4. Kathy L. Joiner, Etc. v. Diamond M Drilling Co. And Halliburton Company, and Third-Party v. Dr. C. Babson Fresh, Third-PartyCourt of Appeals for the Third Circuit · 1982
  5. United States Lines, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1972

31 more not listed; retrieve them via the Exa API.

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