Legal Opinion

Dunn v. Southern Charters, Inc.

District Court, E.D. New York

Decided May 27, 1982No. 78 C 298, 78 C 427, 78 C 819 and 79 C 1371PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

NEAHER, District Judge.

These consolidated actions for injuries and a wrongful death arise from the accidental burning of a chartered yacht, the “Second Wind,” while anchored off the coast of Rhode Island. Jurisdiction is grounded upon 28 U.S.C. § 1333, and the issue of liability was tried by the court without a jury. The facts and legal discussion below constitute the court’s findings and conclusions, Rule 52(a), F.R.Civ.P.

EVIDENCE AT TRIAL

The Second Wind, a traditional design 37 foot ketch clipper, was built on behalf of Miller Yacht Sales, Inc. (Miller) in…

2Cases cited21 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  3. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  4. Reed v. the YakaSupreme Court of the United States · 1963
  5. Italia Societa Rer Azioni Di Navigazione v. Oregon Stevedoring Co.Supreme Court of the United States · 1964

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3Cited by4 opinions

  1. Petitt v. Celebrity Cruises, Inc.District Court, S.D. New York · 2001
  2. In re TreanorDistrict Court, E.D. New York · 2015
  3. Burke v. QUICK LIFT, INC.District Court, E.D. New York · 2009
  4. In the Matter of the Complaint of Robert D. Brown, as Owner of a 2020 42’ BLUEGAME (HIN: BGM420161920) for Exoneration from or Limitation of LiabilityDistrict Court, E.D. New York · 2025

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