Legal Opinion
Gardner v. National Bulk Carriers, Inc.
Court of Appeals for the Fourth Circuit
Decided July 31, 1962No. 8362PublishedCited by 42 opinions
1Opinion of the Court
SOBELOFF, Chief Judge.
Failure of the master of a vessel to make any attempt to rescue a member of his crew lost at sea is the basis of the present suit, brought under the Jones Act, 46 U.S.C.A. § 688, by the seaman’s widow and executrix against the vessel and her owner.
The S.S. Bulkcrude was en route from New York to Corpus Christi along the Florida Keys at 11:30 p. m. on December 8, 1958, when seaman Robert Gardner was called to stand watch. He could not be found, and the master ordered a search of the vessel. The search, which lasted an hour or more, proved unsuccessful. Inquiry disclosed…
2Cases cited19 opinions
- Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
- Summers v. TiceCalifornia Supreme Court · 1948
- Landers v. East Texas Salt Water Disposal Co.Texas Supreme Court · 1952
- Harris v. Pennsylvania Railroad Co.Court of Appeals for the Fourth Circuit · 1931
- Berthold-Jennings Lumber Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1935
14 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Harry J. Hicks, Administrator of the Estate of Carol Greitens, Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1966
- Clayton v. ThompsonMississippi Supreme Court · 1985
- Stella Reyes, Administratrix of the Estate of Florentino Reyes, Deceased v. Vantage Steamship Company, Inc.Court of Appeals for the Fifth Circuit · 1980
- Hake v. Manchester TownshipSupreme Court of New Jersey · 1985
- Whitfield v. Whittaker Memorial HospitalSupreme Court of Virginia · 1969
37 more not listed; retrieve them via the Exa API.