Legal Opinion
Mrs. Julian Lamar Davis, Temporary Administratrix of the Estate of Charles Edward Davis, Deceased v. Parkhill-Goodloe Company, Inc.
Court of Appeals for the Fifth Circuit
Decided June 5, 1962No. 19294_1PublishedCited by 109 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
The question presented is whether the trial Court erred in entering judgment for the shipowner in this Jones Act case for damages sustained by the seaman and his survivors by reason of his death suffered in line of duty. 1 We hold that it did and reverse. The ease was brought as a Civil Action rather than as a libel in admiralty. But the standard of review is now substantially the same since after formal demand for a jury trial, F.R.Civ.P. 38(b), 28 U.S.C.A., the parties expressly consented to a trial by the Court. This brings into play then F. R.Civ.P. 52(a) and…
2Cases cited17 opinions
- Schulz v. Pennsylvania RailroadSupreme Court of the United States · 1956
- GRIMES v. RAYMOND CONCRETE PILE CO. Et Al.Supreme Court of the United States · 1958
- Pure Oil Company v. Tracy L. SnipesCourt of Appeals for the Fifth Circuit · 1961
- June T. Inc. v. Arnold Ray KingCourt of Appeals for the Fifth Circuit · 1961
- General Telephone Corporation v. General Telephone Answering ServiceCourt of Appeals for the Fifth Circuit · 1960
12 more not listed; retrieve them via the Exa API.
3Cited by109 opinions
- GTE Automatic Electric, Inc. v. ARC Industries, Inc.Ohio Supreme Court · 1976
- Kenneth Ray Meade v. Grubbs, Badge No. 128, Individually and as a Deputy Sheriff of the County of OklahomaCourt of Appeals for the Tenth Circuit · 1988
- Chevron Chemical Company, a Delaware Corporation v. Voluntary Purchasing Groups, Inc., a Texas Corporation, and Hi-Yield Chemical Co.Court of Appeals for the Fifth Circuit · 1981
- Compania Anonima Venezolana De Navegacion (Venezuelan Line) v. A. J. Perez Export Company, Etc., and Tyler Refrigeration CorporationCourt of Appeals for the Fifth Circuit · 1962
- Murphy v. McCloudDistrict of Columbia Court of Appeals · 1994
104 more not listed; retrieve them via the Exa API.