Legal Opinion

Darlington v. National Bulk Carriers, Inc.

Court of Appeals for the Second Circuit

Decided October 30, 1946No. 25, Docket 20257PublishedCited by 21 opinions

1Opinion of the Court

FRANK, Circuit Judge.

The cases make it clear that the safety of ships at sea might be seriously endangered were the rule in accordance with the judge’s charge and not as stated in the requested charge. We need not consider whether, in extraordinary circumstances, the well-settled rule might perhaps be inapplicable if orders given were outrageously absurd, for here there were no such circumstances or orders.

Reversed and remanded.

2Cases cited3 opinions

  1. Storgard v. France & Canada S. S. Corp.Court of Appeals for the Second Circuit · 1920
  2. Reskin v. Minnesota-Atlantic Transit Co.Court of Appeals for the Second Circuit · 1939
  3. B. A. Carroll Stevedore Co. v. MakindaCourt of Appeals for the First Circuit · 1927

3Cited by21 opinions

  1. Laurice v. Cox v. Esso Shipping CompanyCourt of Appeals for the Fifth Circuit · 1957
  2. Ted Lewis Bobb, Individually v. Modern Products, Inc.Court of Appeals for the Fifth Circuit · 1981
  3. Jose Virella Rivera v. Rederi A/b Nordstjernan, and Third Party v. International Shipping Agency, Inc., Third Party (Two Cases)Court of Appeals for the First Circuit · 1972
  4. John Simeonoff v. Todd Hiner and Clare Hiner,in Personam and the F/v Saga, OpinionCourt of Appeals for the Ninth Circuit · 2001
  5. Timothy L. Hall v. American Steamship CompanyCourt of Appeals for the Sixth Circuit · 1982

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