Legal Opinion
Otto Candies, Inc. v. M/v Madeline D, Her Engines, Tackle, Etc., in Rem, and Jessie J. Duet, D/B/A Duet Boat Company, in Personam
Court of Appeals for the Fifth Circuit
Decided December 27, 1983No. 82-3630PublishedCited by 27 opinions
1Opinion of the Court
TATE, Circuit Judge:
In this maritime case of negligent tow-age, the plaintiff owner (“Candies”) sues the MADELINE D, a towing vessel, and its owner to recover damages arising out of the capsizing and sinking of its tug the FER-DIE CANDIES. Candies appeals from adverse judgment, contending, inter alia, that the district court, after finding that both vessels were operated in violation of a rule designed to assure navigational safety, erroneously refused to apply the “Pennsylvania” rule (creating a heavy presumption of fault for a maritime accident occurring when a vessel is being operated in…
2Cases cited5 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
- Golf City, Inc., Cross v. Wilson Sporting Goods Co., Inc., CrossCourt of Appeals for the Fifth Circuit · 1977
- Hydrospace-Challenger, Inc. v. Tracor/MAS, Inc.Court of Appeals for the Fifth Circuit · 1975
- Green v. CrowCourt of Appeals for the Fifth Circuit · 1957
3Cited by27 opinions
- Pennzoil Producing Co. v. Offshore Express, Inc.Court of Appeals for the Fifth Circuit · 1991
- United States v. MississippiCourt of Appeals for the Fifth Circuit · 1991
- Tokio Marine & Fire Insurance v. FLORA MVCourt of Appeals for the Fifth Circuit · 2001
- Marine Transport Lines, Inc. v. M/V Tako InvaderCourt of Appeals for the Fifth Circuit · 1994
- United States Fire Insurance Company Transerve Marine, Incorporated v. Allied Towing Corporation, United States of America, & Third Party, and Tug Starcrescent, Her Engines, Tackle, Etc., in Rem, the Tank Barge Tmi 96, Her Engines, Tackle, Etc., in Rem, Third Party United States Fire Insurance Company Transerve Marine, Incorporated v. Allied Towing Corporation, United States of America, & Third Party and Tug Starcrescent, Her Engines, Tackle, Etc., in Rem, the Tank Barge Tmi 96, Her Engines, Tackle, Etc., in Rem, United States Fire Insurance Company Transerve Marine, Incorporated v. Allied Towing Corporation, United States of America, & Third Party and Tug Starcrescent, Her Engines, Tackle, Etc., in Rem, the Tank Barge Tmi 96, Her Engines, Tackle, Etc., in RemCourt of Appeals for the Third Circuit · 1992
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