Legal Opinion
Elmer T. Branch v. Alfred Schumann
Court of Appeals for the Fifth Circuit
Decided June 29, 1971No. 30757PublishedCited by 38 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
In this diversity case we consider the thrust and counterthrust of general maritime law and the statutory tort law of Florida with respect to an accident occurring on navigable waters of that state. After reviewing the jousting, we conclude that maritime law prevails.
This appeal by plaintiff Elmer Branch is the latest link in a chain of events which erupted from a violent explosion occurring aboard a vessel christened the KON-TIKI. Unlike her notorious namesake, the craft owned by defendant Alfred Schumann was a 30 foot pleasure boat whose voyages were confined…
2Cases cited7 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- The PlymouthSupreme Court of the United States · 1866
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Margaret Austin, Etc. v. Unarco Industries, Inc.Court of Appeals for the First Circuit · 1983
- Dearborn Marine Service, Inc. v. Chambers & KennedyCourt of Appeals for the Fifth Circuit · 1974
- Anthony J. Melerine, Jr., Continental Insurance Company, Intervenor-Appellant v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1981
- Evergreen Marine Corp. v. Six Consignments of Frozen ScallopsCourt of Appeals for the First Circuit · 1993
- Gay v. Ocean Transport & Trading, Ltd.Court of Appeals for the Fifth Circuit · 1977
33 more not listed; retrieve them via the Exa API.