Legal Opinion
Tri-State Oil Tool Industries, Inc. v. Delta Marine Drilling Company, Delta Marine Drilling Company v. Tri-State Oil Tool Industries, Inc.
Court of Appeals for the Fifth Circuit
Decided May 19, 1969No. 25475_1PublishedCited by 123 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
This federal maritime case presents the complex legal question whether indemnity shall be permitted by a tort-fea-sor, claiming to be only passively or secondarily liable; against a joint tort-fea-sor guilty of active or affirmative negligence — where no contractual relationship exists between the parties. We hold that the party which is actively negligent should bear the consequences of its wrong and is responsible for the damages incur red. Accordingly, it should indemnify the party which is only vicariously or secondarily wrong, for any damages the latter has been…
2Cases cited20 opinions
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp.Supreme Court of the United States · 1952
- Federal Marine Terminals, Inc. v. Burnside Shipping Co.Supreme Court of the United States · 1969
- Jones v. Waterman SS CorporationCourt of Appeals for the Third Circuit · 1946
15 more not listed; retrieve them via the Exa API.
3Cited by123 opinions
- Harvey Corbitt v. Diamond M. Drilling Co., Shell Oil Company, Third-Party v. Sladco, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1981
- Grigsby v. Coastal Marine Service of Texas, Inc.Court of Appeals for the Fifth Circuit · 1969
- Dearborn Marine Service, Inc. v. Chambers & KennedyCourt of Appeals for the Fifth Circuit · 1974
- Jack A. Doca and Fannie C. Doca v. Marina Mercante Nicaraguense, S.A. And Pittston Stevedoring Corp.Court of Appeals for the Second Circuit · 1980
- Parfait v. Jahncke Service, Inc.Court of Appeals for the Fifth Circuit · 1973
118 more not listed; retrieve them via the Exa API.