Legal Opinion
McDaniel v. The M/B Lisholt
District Court, S.D. New York
Decided December 28, 1959PublishedCited by 8 opinions
1Opinion of the Court
RYAN, Chief Judge.
This libel has been retried by this Court following remand from the United States Supreme Court (1959, 359 U.S. 26, 79 S.Ct. 602, 3 L.Ed.2d 625). Admiralty jurisdiction is based on the allegation of the commission of a maritime tort.
The libel had been dismissed by this Court upon a finding that respondent had not breached any duty owed to libellant. The Court found at this prior trial that libellant, as a shoreside fireman, was a mere licensee and that respondent owed to him only the duty of refraining from wilful or wanton negligence (McDaniel v. The M/S Lisholt, D.C., 155…
2Cases cited10 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- United New York & New Jersey Sandy Hook Pilots Ass'n v. HaleckiSupreme Court of the United States · 1959
- West v. United StatesSupreme Court of the United States · 1959
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- James E. McDaniel Libelant-Appellant v. The M/s Lisholt, Her Engines, Etc., and A/s Lise, Her OwnerCourt of Appeals for the Second Circuit · 1960
- James F. Pastore v. Taiyo Gyogyo, K.K. v. Lavino Shipping Co. And City of PhiladelphiaCourt of Appeals for the Third Circuit · 1978
- Nikiforow v. RittenhouseDistrict Court, E.D. Pennsylvania · 1967
- Barrell v. BrownOregon Supreme Court · 1972
- Roberta A. Uglem, Personal Representative of Allen D. Uglem, Deceased v. Foss Launch & Tug Co.Court of Appeals for the Ninth Circuit · 1976
3 more not listed; retrieve them via the Exa API.