Legal Opinion · Dissent
Menefee v. W. R. Chamberlin Co.
Court of Appeals for the Ninth Circuit
Decided June 23, 1949No. 12124Published
1DissentJames Alger Fee, District Judge
The decision of the Trial Judge based upon fact findings should be affirmed.
*831The Trial Judge found this seaman sustained injury solely as a result of the force of a wave. Thereupon, it was concluded the injury resulted from a peril of the sea, which the seaman had assumed, and not as a result of any negligence of respondent, directly or of the officers, agents or employees of the carrier. The monumental opinion of Judge Learned Hand in Petterson Lighterage & Towing Corporation v. New York Central Railway Co., 2 Cir., 126 F.2d 992, establishes the doctrine that a finding of fact in admiralty is…
2Cases cited33 opinions
- Mahnich v. Southern Steamship Co.Supreme Court of the United States · 1944
- Wilkerson v. McCarthySupreme Court of the United States · 1949
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
- Broadcast Music, Inc. v. Havana Madrid Restaurant Corp.Court of Appeals for the Second Circuit · 1949
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