Nehus v. Alaska Marine Towing, Inc.
District Court, W.D. Washington
1Opinion of the Court
MEMORANDUM OF DECISION
BEEKS, Senior District Judge.
In this action plaintiff seeks to recover damages to the vessel NIRVANA arising out of a collision occurring in Alaskan waters in July of 1978. The basis of plaintiff’s claim is negligence, and much of plaintiff’s case rests upon the presumption of fault which exists when a moving vessel strikes a vessel that is moored or otherwise stationary. Defendants have attempted to rebut the presumption by evidence indicating that plaintiff’s negligence caused or contributed to the accident. Trial on the issue of liability was had before this court on…
2Cases cited7 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- The OregonSupreme Court of the United States · 1895
- The People Of The State Of California v. The Italian Motorship IliceCourt of Appeals for the Ninth Circuit · 1976
- Alaska Packers Ass'n, Inc. v. O/S EAST POINTDistrict Court, W.D. Washington · 1976
- Petition of New England Fish Co.District Court, W.D. Washington · 1979
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3Cited by5 opinions
- Trinidad Corp. v. S.S. Keiyoh MaruCourt of Appeals for the Ninth Circuit · 1988
- Williamson Leasing Co. v. American Commercial Lines, Inc.District Court, E.D. Louisiana · 1985
- Canales Martinez v. Dow Chemical Co.District Court, E.D. Louisiana · 2002
- In Re American Milling Co.District Court, E.D. Missouri · 2003
- Trinidad Corporation, Plaintiff-Counterclaim v. S.S. Keiyoh Maru, in Rem, Sol Gloriosa Maritima, S.A., a Corporation, Defendant-Counterclaimant v. S.S. Fort Worth, in Rem, Her Engines, Tackle, Appurtenances, Apparel, Furnishings and Equipment, Defendant-Third-Party-Plaintiff-AppelleeCourt of Appeals for the Third Circuit · 1988