Legal Opinion

Carr v. PMS Fishing Corp.

Court of Appeals for the First Circuit

Decided August 30, 1999No. 99-1088PublishedCited by 99 opinions

1Opinion of the Court

SELYA, Circuit Judge.

Like Venus, this appeal arises full-grown from the sea. In the underlying case, a shipowner, PMS Fishing Corporation (PMS), responded to the sinking of its vessel and an injured seaman’s ensuing suit by invoking the Limitation of Liability Act, 46 U.S.C. app. §§ 181-196 (Supp. 1999). The district court granted PMS the protection it sought. The seaman appeals, averring that the trial judge misconstrued the burden of proof applicable to limitation of liability (LOL) proceedings and erred in finding that the shipowner lacked privity and knowledge of the vessel’s…

2Cases cited26 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  3. Gutierrez v. Waterman Steamship Corp.Supreme Court of the United States · 1963
  4. Wilma Cumpiano A/K/A Wilma Cumpiano Sanchez v. Banco Santander Puerto RicoCourt of Appeals for the First Circuit · 1990
  5. Coryell v. PhippsSupreme Court of the United States · 1943

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3Cited by99 opinions

  1. Phinney v. Wentworth Douglas HospitalCourt of Appeals for the First Circuit · 1999
  2. Dudley v. Hannaford Bros.Court of Appeals for the First Circuit · 2003
  3. Bogosian v. Woloohojian Realty Corp.Court of Appeals for the First Circuit · 2003
  4. Underwriters at Lloyd's v. LabarcaCourt of Appeals for the First Circuit · 2001
  5. In RE CITY OF NEW YORK v. AgniCourt of Appeals for the Second Circuit · 2008

94 more not listed; retrieve them via the Exa API.

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