Ramjak v. Austro-American S. S. Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Rouisiana. Suit in admiralty by Peter Rainjak against the Austro-American Steamship Company, Limited. Decree for respondent, and libelant appeals.
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Appeal from the District Court of the United States for the Eastern District of Rouisiana. Suit in admiralty by Peter Rainjak against the Austro-American Steamship Company, Limited. Decree for respondent, and libelant appeals. The libelant came to this country as an immigrant passenger on the steamship “Eugenia,” belonging to the Austro-American Steamship Company, Limited, arriving here on December 16, 1907. Four days before the ship's arrival, the libelant’s leg was badly broken in at least two places above the knee by the fall upon him of a sailor from a fore-topmast backstay; the sailor…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). The trial judge apparently took the view that under the evidence Ram-jak’s injuries were the result of an accident for which neither the carrier nor his servants were responsible; but we do not so read the evidence. Ramjak was a passenger for hire, and no fault can be imputed to him. The unfortunate sailor involved was presumably in the performance of a duty, and he was or should have been under the eye of the officer of the deck, and when to show his dexterity and skill he undertook the dangerous, and in the absence of an emergency “foolhardy,” feat of…
2Cases cited4 opinions
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Hamilton v. The William BranfootDistrict Court, D. South Carolina · 1892
- Mulvana v. The AnchoriaCourt of Appeals for the Second Circuit · 1897
- Miller v. The W. G. HewesU.S. Circuit Court for the District of Eastern Texas · 1870
3Cited by6 opinions
- Patricia Franza v. Royal Caribbean Cruises, Ltd.Court of Appeals for the Eleventh Circuit · 2014
- Sabine Towing Co. v. BrennanCourt of Appeals for the Fifth Circuit · 1936
- Memphis St. Ry. Co. v. BoboCourt of Appeals for the Sixth Circuit · 1916
- Birchall v. Capital Transit Co.District of Columbia Court of Appeals · 1943
- Schwartz v. Neches-Gulf Marine, Inc.District Court, S.D. Texas · 1999
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