Legal Opinion
Agrico Chemical Company v. M/v Ben W. Martin (Ex: M/v Greenville), Etc., Defendants-Third-Party v. Brent Towing Co., Inc., Third-Party
Court of Appeals for the Third Circuit
Decided December 17, 1981No. 80-3179PublishedCited by 58 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
A barge loaded with liquid nitrogen fertilizer capsized. The parties involved in supplying and moving the barge concede their liability to the owner of the cargo but each contends that the other was liable for the loss. Based on what we consider to be a misconstruction of the contractual relationship between the parties, the district court found only one party at fault. We find both negligent, apportion the liability equally between them, and remand for further proceedings.
Agrico Chemical Company manufactures and sells various chemical products, including 32%…
2Cases cited24 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
- Weyerhaeuser Steamship Co. v. Nacirema Operating Co.Supreme Court of the United States · 1958
- Stevens v. the White CitySupreme Court of the United States · 1932
19 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Loose v. Offshore Navigation, Inc.Court of Appeals for the Fifth Circuit · 1982
- Continental Oil Company v. Bonanza Corporation, and Republic Insurance CompanyCourt of Appeals for the Fifth Circuit · 1983
- Ronnie Gene Bass v. Phoenix Seadrill/78, Ltd., Third-Party v. Crown Rig Building Services, Inc., and Branham Industries, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1985
- King Fisher Marine Service, Inc. v. The Np Sunbonnet, Her Engines, Etc., and Newpark Marine Services, Inc.Court of Appeals for the Fifth Circuit · 1984
- Continental Oil Company v. Bonanza Corporation and Republic Insurance CompanyCourt of Appeals for the Fifth Circuit · 1982
53 more not listed; retrieve them via the Exa API.