Penn Tanker Company v. United States of America, United States of America v. Penn Tanker Company
Court of Appeals for the Fifth Circuit
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
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- McAllister v. United StatesSupreme Court of the United States · 1954
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
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3Cited by36 opinions
- Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971
- Victory Carriers, Inc. v. LawSupreme Court of the United States · 1972
- 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
- 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
- United States Lines, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
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