Legal Opinion

David L. Kenney v. Trinidad Corporation

Court of Appeals for the Fifth Circuit

Decided June 23, 1965No. 21063_1PublishedCited by 28 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

John Kenney, chief engineer on a tugboat, lost his life March 4, 1956, when a tanker negligently caused the tug to capsize and sink in the Mississippi River near New Orleans. 1 His body was never found. Seven years later, Kenney’s two children, sued in admiralty for the wrongful death of their father. They rely on Article 2315 of the Louisiana Civil Code creating an action for wrongful death. Unfortunately for the children, Article 2315 limits the right of action to one year. 2 The libellants contend that under the maritime doctrine of laches their delay in suing is…

2Cases cited46 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  5. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953

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3Cited by28 opinions

  1. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  2. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  3. Eyerly Aircraft Co. v. Jack Killian, Individually and for and on Behalf of Jan Killian, a MinorCourt of Appeals for the Fifth Circuit · 1969
  4. Alcoa Steamship Company, Inc. v. Charles Ferran & Company, Inc., Charles Ferran & Company, Inc. v. Alcoa Steamship Company, Inc.Court of Appeals for the Fifth Circuit · 1967
  5. Hayim Kalmich v. Karl BrunoCourt of Appeals for the Seventh Circuit · 1977

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