Legal Opinion
McAllister v. Cosmopolitan Shipping Co.
Court of Appeals for the Second Circuit
Decided November 22, 1948No. 288, Docket 21023PublishedCited by 23 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
This is an appeal from a general verdict after a jury trial of a seaman’s action brought under the Jones Act, 46 U.S.C.A. § 688, against the defendant for negligence and under the general maritime law for maintenance and cure. The plaintiff claims he was negligently caused to contract poliomyelitis on board a vessel owned by the United States and operated by the War Shipping Administration — the S. S. Edward B. Haines — while in Chinese waters. The cause of action is alleged to have arisen in November, 1945, after the enactment of the War Shipping…
2Cases cited5 opinions
- Caldarola v. EckertSupreme Court of the United States · 1947
- Hust v. Moore-McCormack Lines, Inc.Supreme Court of the United States · 1946
- Shilman v. United StatesCourt of Appeals for the Second Circuit · 1947
- McGowan v. J. H. Winchester & Co.Court of Appeals for the Second Circuit · 1948
- Fink v. Shepard Steamship Co.Oregon Supreme Court · 1948
3Cited by23 opinions
- Cosmopolitan Shipping Co. v. McAllisterSupreme Court of the United States · 1949
- Muruaga v. United StatesCourt of Appeals for the Second Circuit · 1949
- Wheeler v. West India S. S. Co.District Court, S.D. New York · 1951
- Boylan v. DetrioCourt of Appeals for the Fifth Circuit · 1951
- Casey v. American Export Lines, Inc.Court of Appeals for the Second Circuit · 1949
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