Robert Morales v. City of Galveston

JOSEPH C. HUTCHESON, Circuit Judge.

On certiorari the Supreme Court vacated our judgment and remanded the cause to this court “for consideration in light of Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 80 S.Ct. 926, 4 L.Ed.2d 941”, Morales et al. v. City of Galveston et al., 364 U.S. 295, 81 S.Ct. 107, 5 L.Ed.2d 84. That decision removes any doubt that the shipowner’s duty to provide a seaworthy vessel is “absolute”, that is, a kind of liability without fault, and that the duty applies to an unseaworthy condition which may be only temporary. This duty, however, while absolute, is a duty only…