Legal Opinion
United States v. Geraldine Gavagan, as Administratrix of the Estate of John Gordon Gavagan, Deceased
Court of Appeals for the Fifth Circuit
Decided July 22, 1960No. 18094_1PublishedCited by 74 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This appeal concerns the Government’s liability under the Federal Tort Claims Act 1 for death resulting from the manner in which the Government undertook the unsuccessful rescue of the shrimper Donald Ray and her crew off the Florida Coast. As the asserted tort was a maritime one occurring more than a marine league from shore, the applicable remedy for the wrongful death is the Death on the High Seas Act, 46 U.S.C.A. § 761. 2 The District Court after an extended trial on a record which comprises 1294 printed pages plus extensive exhibits, allowed recovery. The…
2Cases cited26 opinions
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Weyerhaeuser Steamship Co. v. Nacirema Operating Co.Supreme Court of the United States · 1958
- Rayonier Inc. v. United StatesSupreme Court of the United States · 1957
21 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Fort Bend County Drainage District v. SbruschTexas Supreme Court · 1991
- United States v. Gilberto Pablo AlvarezCourt of Appeals for the Fifth Circuit · 1978
- Brown v. MacPherson's, Inc.Washington Supreme Court · 1975
- De Bardeleben Marine Corp., as Successor in Interest to Blue Stack Towing Company v. United StatesCourt of Appeals for the Fifth Circuit · 1971
- Grigsby v. Coastal Marine Service of Texas, Inc.Court of Appeals for the Fifth Circuit · 1969
69 more not listed; retrieve them via the Exa API.