Harry L. Marshall, Jr. v. Westfal-Larsen & Co., General Steamship Company and Bjarne Sellevald
Court of Appeals for the Ninth Circuit
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
- McAllister v. United StatesSupreme Court of the United States · 1954
- United States v. James P. Staples, Bernard D. Oslin, Richard C. CooperCourt of Appeals for the Ninth Circuit · 1958
- Robert K. Benton v. United Towing Co., a CorporationCourt of Appeals for the Ninth Circuit · 1955
- The Empress of ScotlandDistrict Court, S.D. New York · 1926
- Erdman v. United StatesCourt of Appeals for the Second Circuit · 1944
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3Cited by6 opinions
- James C. Tullis v. Fidelity and Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1968
- Chan v. Society Expeditions, Inc.Court of Appeals for the Ninth Circuit · 1997
- Counts v. Lafayette Crewboats, Inc.District Court, W.D. Louisiana · 1983
- DeRoche v. Commodore Cruise Line, Ltd.California Court of Appeal · 1994
- 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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