Legal Opinion

Callbreath v. United States

Court of Appeals for the Ninth Circuit

Decided August 8, 2002No. 00-35478; D.C. No. CV 99-5003 FDBPublished

1Opinion of the Court

MEMORANDUM *

Edwin Callbreath was a crew member aboard the Cape Intrepid, a government-owned ship docked in Tacoma, Washington, at a port facility adjacent to railroad tracks. Upon returning from a personal errand and a night out, Callbreath attempted to cross the tracks to gain access to the ship and was severely injured. Callbreath sued the government, as ship owner, for negligence under the Jones Act, 46 U.S.C. app. § 688(a), as well as for maintenance and cure. The district court granted the government’s motion for summary judgment. We have jurisdiction under 28 U.S.C. § 1291, and we…

2Cases cited11 opinions

  1. Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
  2. William Partridge James Zagorski William Stojack v. Robert B. Reich Helen Haase U.S. Department of LaborCourt of Appeals for the Ninth Circuit · 1998
  3. Bountiful Brick Co. v. GilesSupreme Court of the United States · 1928
  4. Braen v. Pfeifer Oil Transportation Co.Supreme Court of the United States · 1959
  5. Dredge Corp. v. PennyCourt of Appeals for the Ninth Circuit · 1964

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