Darlington v. National Bulk Carriers, Inc.

Darlington v. Nat'l Bulk Carriers, Inc., 157 F.2d 817 (2d Cir. 1946)

Court: Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided: October 30, 1946
Docket: Nos. 25, Docket 20257
Judges: Hani, Swan, Frank
Citations: 157 F.2d 8171946 U.S. App. LEXIS 3236

Cited by 17 1 descriptions by later courts

Opinion — Frank

FRANK, Circuit Judge.

The cases make it clear that the safety of ships at sea might be seriously endangered were the rule in accordance with the judge’s charge and not as stated in *820 the requested charge.

We need not consider whether, in extraordinary circumstances, the well-settled rule might perhaps be inapplicable if orders given were outrageously absurd, for here there were no such circumstances or orders.

Reversed and remanded.

Masjulis v. U. S. Shipping Board Emergency Fleet Corp., 2 Cir., 31 F.2284; Reskin v. Minnesota-Atlantic Transit Co., 2 Cir., 107 F.2d 743, 745 ; Storgard v. France & Canada S. S. Corp., 2 Cir., 263 F. 545 .

We disagree with B. A. Carroll Stevedore Co. v. Makinda, 1 Cir., 20 F.2d 19 , so far as it suggests a contrary rule.

It is immaterial that plaintiff was not disciplined when, after the injury, he refused to continue to obey the order; for he was not obliged’ to eonjec-ture what would be the response of his superiors to disobedience, especially before the occurrence of injuries resulting from bis compliance with the order.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(seaman’s obedience to an order to use a defective spraygun did not excuse owner’s failure to provide an adequate one)

Bobb v. Modern Prods., Inc., 648 F.2d 1051 (5th Cir. 1981)

Cited by 17 cases

View all citing references →

Relies on it most ⓘ

James C. Earl v. Bouchard Transportation Co., Inc.917 F.2d 1320 (2d Cir. 1990)
Gravatt v. City of New York53 F. Supp. 2d 388 (S.D.N.Y. 1999)
Williams v. Brasea, Inc.497 F.2d 67 (5th Cir. 1974)
John Simeonoff v. Todd Hiner and Clare Hiner,in Personam and the F/v Saga, Opinion249 F.3d 883 (9th Cir. 2001)
Ted Lewis Bobb, Individually v. Modern Products, Inc.648 F.2d 1051 (5th Cir. 1981)
Laurice v. Cox v. Esso Shipping Company247 F.2d 629 (5th Cir. 1957)

Most recent

David v. United States78 F. App'x 755 (2d Cir. 2003)
John Simeonoff v. Todd Hiner and Clare Hiner,in Personam and the F/v Saga, Opinion249 F.3d 883 (9th Cir. 2001)
Gravatt v. City of New York53 F. Supp. 2d 388 (S.D.N.Y. 1999)
James C. Earl v. Bouchard Transportation Co., Inc.917 F.2d 1320 (2d Cir. 1990)
Tio Mario, Inc. v. Matos778 S.W.2d 529 (Tex. App. 1989)
Fernandez v. Sea-Land Service, Inc.426 So. 2d 1249 (Fla. Dist. Ct. App. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Storgard v. France & Canada S. S. Corp., 263 F. 545 (2d Cir. 1920)	37
	Reskin v. Minn.-Atl. Transit Co., 107 F.2d 743 (2d Cir. 1939)	7
	B. A. Carroll Stevedore Co. v. Makinda, 20 F.2d 19 (1st Cir. 1927)	3

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