Legal Opinion
Sperbeck v. A. L. Burbank & Co., Inc
Court of Appeals for the Second Circuit
Decided July 11, 1951No. 22001_1PublishedCited by 21 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. As the evidence sustains the judge’s findings on the issues of defendant’s negligence and unseaworthiness, we affirm the dismissal of the first cause of action.
2. On the findings, which are not “clearly erroneous,” Sperbeck was a seaman. Carumbo v. Cape Cod Steamship Co., 1 Cir., 123 F.2d 991; Sullivan v. United States, 2 Cir., 179 F.2d 924. He was therefore entitled to be paid the expense of maintenance and cure. The evidence sustains the finding that defendant had failed to pay it.
There remains the question of the survival of the claim for the unpaid expense of…
2Cases cited44 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- The OsceolaSupreme Court of the United States · 1903
- The HarrisburgSupreme Court of the United States · 1886
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
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3Cited by21 opinions
- Kernan v. American Dredging Co.Supreme Court of the United States · 1958
- James Boggs v. Dravo Corporation. Appeal of Rosalie B. Peterson, Administratrix of the Estate of James Boggs, DeceasedCourt of Appeals for the Third Circuit · 1976
- Pollard v. United StatesDistrict Court, M.D. Alabama · 1974
- Nevelin W. Wilson, Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1956
- Blackburn v. Shelby CountyDistrict Court, W.D. Tennessee · 2011
16 more not listed; retrieve them via the Exa API.