Legal Opinion
David Stevens v. Seacoast Company, Inc. And M/v Elena S
Court of Appeals for the Fifth Circuit
Decided August 13, 1969No. 26852PublishedCited by 42 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
The wrinkle, not a new one, cf. Mike Hooks, Inc. v. Pena, 5 Cir., 1963, 313 F.2d 696, 697, 1963 A.M.C. 355, that differentiates this case from the run-of-the-sea claim for a seaman’s personal injuries is the contention which usually strands in fact and here founders on the reef of law that the master of the fishing vessel on a lay was the bare boat charterer or a sort of seagoing independent contractor carrying on a joint venture with fellow crew members, so that the seaman was his, not the Shipowner’s, employee. The Trial Court sustained this defense. Because this…
2Cases cited38 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- United States v. SilkSupreme Court of the United States · 1947
- Salen v. United States Lines Co.Supreme Court of the United States · 1962
33 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Delores Alston Smith, Etc. v. Ithaca Corporation and Texas City Tankers CorporationCourt of Appeals for the Fifth Circuit · 1980
- Weeks Marine, Inc. v. GarzaTexas Supreme Court · 2012
- Emile A. Williams v. McAllister Brothers Inc.Court of Appeals for the Second Circuit · 1976
- James G. Wheatley v. Elbert GladdenCourt of Appeals for the Fourth Circuit · 1981
- Robert M. Burns v. Anchor-Wate Co. And Brown and Root, Inc.Court of Appeals for the Fifth Circuit · 1973
37 more not listed; retrieve them via the Exa API.