Crisis Transportation Company v. M/v Erlangen Express, Her Engines, Tackle, Etc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge.
Crisis Transportation Company (Crisis), appeals from the district court’s Fed.R. Civ.P. 41(b) dismissal of its cause of action. Crisis urges us to reverse on the grounds that the district court erred in determining that Crisis failed to establish a prima facie case of negligence under the Carriage of Goods by Sea Act, 46 U.S.C. §§ 1300, et seq. We agree with the district court that no prima facie case had been made out at the close of Crisis’ proof. The complaint was thus properly dismissed when Crisis failed to carry its burden of proof. We therefore affirm.
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2Cases cited11 opinions
- Pacific Employers Insurance Company v. The M/v Gloria, Etc., Aquarius, Ltd., Defendants-Third Party v. Greenwich Marine, Inc., Third PartyCourt of Appeals for the Third Circuit · 1985
- F. J. Walker, Limited, Orleans International, Inc. v. The Motor Vessel "Lemoncore," Her Engines, Etc., DefendantsCourt of Appeals for the Fifth Circuit · 1977
- Allstate Insurance Company, a Corporation and Delta Overseas, Inc., a Corporation v. Imparca Lines, a Foreign CorporationCourt of Appeals for the Fifth Circuit · 1981
- Tapco Nigeria, Ltd. v. M/v Westwind, Etc.Court of Appeals for the Fifth Circuit · 1983
- Socony Mobil Oil Co. v. Texas Coastal & International, Inc.Court of Appeals for the Fifth Circuit · 1977
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- North Alamo Water Supply Corporation v. City of San Juan, TexasCourt of Appeals for the Fifth Circuit · 1996
- Fed. Sec. L. Rep. P 93,675 W. Monroe Stephenson v. Paine Webber Jackson & Curtis, Inc. And James E. WelchCourt of Appeals for the Fifth Circuit · 1988
- The Dow Chemical Company v. The M/v Roberta Tabor, and M/v Sugarland Etc., American River Transportation Company and Scott Chotin, Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1987
- Lloyd SWITZER, Plaintiff-Appellee, v. WAL-MART STORES, INC., Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1995
- Vulcan Materials Co. v. Vulica Shipping Co., Ltd.District Court, W.D. Louisiana · 1994
3 more not listed; retrieve them via the Exa API.