Legal Opinion
Lahde v. Theogennitor
District Court, W.D. Washington
Decided April 7, 1952No. 7624PublishedCited by 1 opinion
1Opinion of the Court
JAMES ALGER FEE, Chief Judge.
The Court is of opinion that a suit in rem, brought by a longshoreman on account of alleged personal injuries, cannot be sustained on charges of negligence of officers or crew, but must sound exclusively in allegations of unseaworthiness.1
As the Court construes the amended libel, the charge here is not unseaworthiness but negligence.
But, if personal service of the owners could be had, a libel alleging negligence and unseaworthiness could be sustained. Since there may be such an attempt in the present libel,2 the Court.should not dismiss the cause until it be…
2Cases cited6 opinions
- McCarthy v. American Eastern CorporationCourt of Appeals for the Third Circuit · 1949
- German v. Carnegie-Illinois Steel CorporationCourt of Appeals for the Third Circuit · 1946
- The Henry S. GroveDistrict Court, D. Maryland · 1927
- Jensen v. Bank Line, Ltd.Court of Appeals for the Ninth Circuit · 1928
- The MercierDistrict Court, D. Oregon · 1933
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Vance W. Williams v. Tide Water Associated Oil Company, a CorporationCourt of Appeals for the Ninth Circuit · 1956