Legal Opinion
Bradford Coleman v. Jahncke Service, Inc., the Home Insurance Company v. The Greater New Orleans Expressway Commission and Winndixie Louisiana, Inc.
Court of Appeals for the Fifth Circuit
Decided February 16, 1965No. 21106_1PublishedCited by 55 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
These appeals present three questions: (1) may petitioner Jahncke limit liability under 46 U.S.C. § 183; (2) is a direct action available against Jahncke’s insurer, Home Insurance; (3) is the claim of appellant Coleman barred by laches. Lurking in the fog is Maryland Casualty Co. v. Cushing, 1 a grisly spectre of undefined size and shape. Putting our trust in the trial judge’s compass wherever the visibility is poor, we affirm the judgment of the district court.
Early on the morning of January 27, 1960, in heavy fog, a barge in tow of Jahncke’s tug Claribel hit a support…
2Cases cited28 opinions
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
- Coryell v. PhippsSupreme Court of the United States · 1943
- The Tj HooperCourt of Appeals for the Second Circuit · 1932
- Maryland Casualty Co. v. CushingSupreme Court of the United States · 1954
- Spencer Kellogg & Sons, Inc. v. HicksSupreme Court of the United States · 1932
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3Cited by55 opinions
- Barry Brister and Karen Brister, Cross-Appellees v. A.W.I., Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
- Farrell Lines Inc. v. JonesCourt of Appeals for the Fifth Circuit · 1976
- Olympic Towing Corporation v. Nebel Towing Company, Inc.Court of Appeals for the Fifth Circuit · 1970
- Continental Oil Company v. Bonanza Corporation, and Republic Insurance CompanyCourt of Appeals for the Fifth Circuit · 1983
- In the Matter of the Complaint of Hercules Carriers, Inc., Etc., Plaintiff v. State of Florida, Department of Transportation, Defendants- in the Matter of the Complaint of Hercules Carriers, Inc., Etc., Cross v. State of Florida, Department of Transportation, CrossCourt of Appeals for the Eleventh Circuit · 1985
50 more not listed; retrieve them via the Exa API.