Legal Opinion
United States v. Ohio Valley Company, Inc., in Personam, and M/v John Fitzgerald, Her Engines, Tackle, Appurtenances, Etc., in Rem
Court of Appeals for the Seventh Circuit
Decided February 10, 1975No. 74--1539PublishedCited by 33 opinions
1Opinion of the Court
SPRECHER, Circuit Judge.
The primary issue on appeal is whether the defendant-vessel is strictly liable for all of the damage it caused to property of the United States pursuant to sections 14 and 16, Rivers and Harbors Act of 1899, 33 U.S.C. §§ 408, 412/ and is thereby precluded from limiting liability by showing that the damages were incurred “without the privity or knowledge of [the] owner . . Section 3, Limited Liability Act of 1851, 46 U.S.C. § 183(a). 2
I
It is uncontroverted that on October 28, 1970, the M/V John Fitzgerald, with two barges in tow, collided with the land leaf of the lower…
2Cases cited12 opinions
- Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
- United States v. Pennsylvania Industrial Chemical Corp.Supreme Court of the United States · 1973
- JK Welding Co. v. Gotham Marine CorporationDistrict Court, S.D. New York · 1931
- Atlantic Refining Co. v. MollerSupreme Court of the United States · 1943
- In Re Pacific Far East Line, Inc.District Court, N.D. California · 1970
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Betty K Agencies, Ltd. v. M/V MonadaCourt of Appeals for the Eleventh Circuit · 2005
- Complaint of the University of Texas Medical Branch at Galveston the University of Texas Medical Branch at Galveston v. United StatesCourt of Appeals for the Fifth Circuit · 1977
- Hines, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 1977
- Chotin Transportation, Inc., Cross-Appellee v. United States of America, Cross-AppellantCourt of Appeals for the Sixth Circuit · 1987
- United States v. Peavey Barge LineCourt of Appeals for the Seventh Circuit · 1984
28 more not listed; retrieve them via the Exa API.