Legal Opinion

Harry L. Marshall, Jr. v. Westfal-Larsen & Co., General Steamship Company and Bjarne Sellevald

Court of Appeals for the Ninth Circuit

Decided June 14, 1958No. 15611PublishedCited by 6 opinions

1Opinion of the Court

JAMES ALGER FEE, Circuit Judge.

This is an appeal from the judgment of the District Court denying recovery to Marshall, who, as a passenger upon a ship, sustained injuries as a result of jumping from a ladder onto a barge in disembarking from a ship lying in a harbor. Hon. Michael J. Roche, the able trial judge, who has had a long judicial experience, found that the injuries were proximately caused by and were the result of the negligence of Marshall, since he did not use the care of a reasonable and prudent person in disembarking. It was also found that the accident was not caused or…

2Cases cited8 opinions

  1. McAllister v. United StatesSupreme Court of the United States · 1954
  2. United States v. James P. Staples, Bernard D. Oslin, Richard C. CooperCourt of Appeals for the Ninth Circuit · 1958
  3. Robert K. Benton v. United Towing Co., a CorporationCourt of Appeals for the Ninth Circuit · 1955
  4. The Empress of ScotlandDistrict Court, S.D. New York · 1926
  5. Erdman v. United StatesCourt of Appeals for the Second Circuit · 1944

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3Cited by6 opinions

  1. James C. Tullis v. Fidelity and Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1968
  2. Chan v. Society Expeditions, Inc.Court of Appeals for the Ninth Circuit · 1997
  3. Counts v. Lafayette Crewboats, Inc.District Court, W.D. Louisiana · 1983
  4. DeRoche v. Commodore Cruise Line, Ltd.California Court of Appeal · 1994
  5. Benny Chan and Victoria Chan, as Guardian Ad Litem of Samantha Chan, and Adventurer Cruises, Inc., a Liberian Corporation v. Society Expeditions, Inc., a Washington Corporation, Discoverer Reederei, Gmbh, a West German Corporation, in Personam, Benny Chan and Victoria Chan, Individually, and as Husband and Wife, Victoria Chan, as Guardian Ad Litem for Samantha Chan v. Society Expeditions, Inc., a Washington Corporation, and World Discoverer, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1997

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