Legal Opinion

Ralph O. Flowers v. Savannah MacHine & Foundry Co.

Court of Appeals for the Fifth Circuit

Decided December 27, 1962No. 19480_1PublishedCited by 38 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

This case presents the question as to the appropriate statutory limitation period to be applied in determining laches in an admiralty action brought by a shore worker as a vicarious seaman against a vessel or her owners to recover for maritime injuries caused by negligence or unseaworthiness or both. 1 The District Court adopted the local state, Georgia, limitation of two years. The Judge rejected the contention that the most appropriate analogy was the three-year period under the Jones Act, 46 U.S. C.A. § 688. 2 Once the Georgia law was chosen, the Court,…

2Cases cited23 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
  3. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  4. Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
  5. Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp.Supreme Court of the United States · 1952

18 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. United States v. Marrian Kolesar and Andrew Kolesar, Her HusbandCourt of Appeals for the Fifth Circuit · 1963
  2. De Bardeleben Marine Corp., as Successor in Interest to Blue Stack Towing Company v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  3. Watz v. Zapata Off-Shore Co.Court of Appeals for the Fifth Circuit · 1970
  4. Mrs. Mae Frances Neal, Individually and the Minors, James Neal, Jr., Etc. v. Saga Shipping Co., S.A.Court of Appeals for the Fifth Circuit · 1969
  5. William Alfred Giddens v. Isbrandtsen Co., Inc.Court of Appeals for the Fourth Circuit · 1966

33 more not listed; retrieve them via the Exa API.

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