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Johnson v. United States Shipping Board Emergency Fleet Corp.

Johnson v. United States Shipping Board Emergency Fleet Corporation

Johnson v. United States Shipping Bd. Emergency Fleet Corp., 24 F.2d 963 (2d Cir. 1928)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
March 19, 1928
Docket
No. 194
Judges
Manton, Hand, Swan
Citations
24 F.2d 9631928 A.M.C. 9871928 U.S. App. LEXIS 2222

Opinion — Per Curiam

PER CURIAM.

This action was brought to recover for personal injuries sustained- by the plaintiff in error, who said he was an invitee — seeking employment as a ship’s carpenter — on one of the defendant in error’s boats, and was injured while walking on a gangplank, which he claimed was not firmly in place. The jury found against him on the issue of negligence.

The plaintiff in error assigns error for the charge of the court, which instructed the jury that, if the plaintiff in error was guilty of contributory negligence, he could not recover. The plaintiff in error now argues that this was a maritime tort, and that the maritime law controls, and therefore the contributory negligence was not an absolute bar to *964 a recovery. We think the court correctly instructed the jury; under the authority of Belden v. Chase, 154 U. S. 674 , 14 S. Ct. 264 , 37 L. Ed. 1218 , Atlee v. Packet Co., 21 Wall. 389 , 22 L. Ed. 619 , and Maleeny v. Standard Shipbuilding Co., 237 N. Y. 250 , 142 N. E. 602 . We have not overlooked the Castagna Case (C. C. A.) 280 F. 618 , where, in a dictum, it was inadvertently stated the rule is different than stated in Belden v. Chase, supra.

Judgment affirmed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1928: 31931: 11936: 11945: 11948: 11951: 21952: 219282026peak 1928 · 3

Relies on it most ⓘ

  1. W. E. Hedger Transp. Corp. v. United Fruit Co.97 F. Supp. 729 (S.D.N.Y. 1951)
  2. Guerrini v. United States167 F.2d 352 (2d Cir. 1948)
  3. Intagliata v. Shipowners & Merchants Towboat Co.159 P.2d 1 (Cal. 1945)
  4. United States v. Norfolk-Berkley Bridge Corporation29 F.2d 115 (E.D. Va. 1928)
  5. Hawn v. Pope & Talbot, Inc. (Two Cases)198 F.2d 800 (3d Cir. 1952)
  6. In re Pennsylvania R. Co.48 F.2d 559 (2d Cir. 1931)

Most recent

  1. Hawn v. Pope & Talbot, Inc. (Two Cases)198 F.2d 800 (3d Cir. 1952)
  2. W. E. Hedger Transp. Corp. v. United Fruit Co.198 F.2d 376 (2d Cir. 1952)
  3. Hawn v. Pope & Talbot, Inc.99 F. Supp. 226 (E.D. Pa. 1951)
  4. W. E. Hedger Transp. Corp. v. United Fruit Co.97 F. Supp. 729 (S.D.N.Y. 1951)
  5. Guerrini v. United States167 F.2d 352 (2d Cir. 1948)
  6. Intagliata v. Shipowners & Merchants Towboat Co.159 P.2d 1 (Cal. 1945)

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 5

DepthCaseCited by
Belden v. Chase, 150 U.S. 674 (1893) 167
Atlee v. Packet Co., 88 U.S. (21 Wall.) 389 (1875) 133
Maleeny v. Standard Shipbuilding Corp., 142 N.E. 602 (N.Y. 1923) 21
Port of N.Y. Stevedoring Corp. v. Castagna, 280 F. 618 (2d Cir. 1922) 25
United States v. Canda, 154 U.S. 674 (1882) 3

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