Legal Opinion

Michael P. Maxwell v. Hapag-Lloyd Aktiengesellschaft, Hamburg

Court of Appeals for the Ninth Circuit

Decided December 7, 1988No. 87-4198PublishedCited by 35 opinions

1Opinion of the Court

FARRIS, Circuit Judge:

The plaintiff-appellant, Michael Maxwell, was injured by a fall that allegedly occurred as a result of the wake from the ship of the defendant-appellee, Hapag-Lloyd Aktiengesellshaft. Maxwell contends that the trial judge should have given his requested jury instruction on presumed fault for damage caused by the wake of a moving vessel and should not have allowed as a cost under Fed.R.Civ.P. 54(d) expenses for photographic materials used by the defendant. We affirm on both issues.

I

At the time of the accident, Maxwell was in the hold of a 28-foot fiberglass fishing boat,…

2Cases cited27 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
  3. The PennsylvaniaSupreme Court of the United States · 1874
  4. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  5. Northcross v. Board of EducationCourt of Appeals for the Sixth Circuit · 1979

22 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Davis v. Mason CountyCourt of Appeals for the Ninth Circuit · 1991
  2. Alflex Corporation v. Underwriters Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1990
  3. Arcadian Fertilizer, L.P. v. Mpw Industrial Services, Inc.Court of Appeals for the Eleventh Circuit · 2001
  4. United States Equal Employment Opportunity Commission v. W&O, Inc.Court of Appeals for the Eleventh Circuit · 2000
  5. Gaddis v. United StatesCourt of Appeals for the Fifth Circuit · 2004

30 more not listed; retrieve them via the Exa API.

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