Legal Opinion
W. E. Hedger Transp. Corp. v. United Fruit Co.
Court of Appeals for the Second Circuit
Decided July 15, 1952No. 247, Docket 22221PublishedCited by 22 opinions
1Opinion of the Court
SWAN, Chief Judge.
This appeal presents an interesting question, namely, the effect of contributory negligence when the plaintiff elects to bring suit for a maritime tort on the law side of a federal district court. Is the admiralty rule of division of damages to be applied or does the common law rule of contributory negligence bar any recovery? Subsidiary •questions concern instructions given the jury and the denial of a motion made by each party for a directed verdict.
The issues of negligence and contributory negligence were sharply contested. On be-ihalf of the plaintiff there was evidence…
2Cases cited23 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Garrett v. Moore-McCormack Co.Supreme Court of the United States · 1942
- Garrett v. Moore-Mccormack Co., Inc.Supreme Court of the United States · 1943
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
18 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Southport Transit Company v. Avondale Marine Ways, Inc.Court of Appeals for the Fifth Circuit · 1956
- State v. StanleyAlaska Supreme Court · 1973
- The Fidelity & Casualty Company of New York v. C/b Mr. Kim, Its Engines, Etc.Court of Appeals for the Fifth Circuit · 1965
- Hawn v. Pope & Talbot, Inc. (Two Cases)Court of Appeals for the Third Circuit · 1952
- Greene v. Vantage Steamship Corp.Court of Appeals for the Fourth Circuit · 1972
17 more not listed; retrieve them via the Exa API.