Legal Opinion
Everett Guy Kirsch v. United States
Court of Appeals for the Ninth Circuit
Decided October 15, 1971No. 25294PublishedCited by 12 opinions
1Per curiam
Defendant was the owner and operator of the SS Occidental Victory. Plaintiff Kirsch was a crewman on the vessel. In 1968 plaintiff was injured on board when he was struck by one Hutchison, a Third Assistant Engineer. This suit for damages was then instituted. The District Court found for plaintiff on the theory that Hutchison’s presence on the ship rendered it unseaworthy. This appeal followed.
Having reviewed the evidence, we conclude that it does not support the finding of unseaworthiness. We reverse.
The general warranty of seaworthiness is that the vessel is “reasonably fit.” The Silvia,…
2Cases cited5 opinions
- Boudoin v. Lykes Bros. Steamship Co.Supreme Court of the United States · 1955
- The SilviaSupreme Court of the United States · 1898
- Keen v. Overseas Tankship Corp.Court of Appeals for the Second Circuit · 1952
- Peter Stechcon, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1971
- Nicholas P. Boorus v. West Coast Trans-Oceanic Steamship Line and Standard Steamship Corp.Court of Appeals for the Ninth Circuit · 1962
3Cited by12 opinions
- Gulledge v. United StatesDistrict Court, E.D. Pennsylvania · 1972
- Alvin E. Harbin v. The Interlake Steamship CompanyCourt of Appeals for the Sixth Circuit · 1978
- Barry James Pashby v. Universal Dredging Corporation, and Anchor Barge No. 10, Official No. 554497Court of Appeals for the Ninth Circuit · 1979
- Palmer v. Apex Marine Corp.District Court, W.D. Washington · 1981
- Smith v. American Mail Line, Ltd.District Court, W.D. Washington · 1973
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