TaiLexi AI U.S. Case Law

Central Stikstof Verkoopkanter, N v. V. Pensacola Port Authority

CENTRAL STIKSTOF VERKOOPKANTER, N v. Appellant, v. PENSACOLA PORT AUTHORITY, Appellee

Cent. Stikstof Verkoopkanter, N v. V. Pensacola Port Auth., 316 F.2d 189 (5th Cir. 1963)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
April 19, 1963
Docket
No. 20072
Judges
Tuttle, Jones, Bell
Citations
316 F.2d 1891963 U.S. App. LEXIS 5525

Opinion — Per Curiam

PER CURIAM.

Agreeing with the opinion of the District Court in this case, D.C., 205 F. Supp. 724 , we affirm with the following-additional comments.

Appellant amended after the reported first dismissal to allege the maintenance of captive fires on and adjacent to the Port Authority docks in the form of steam operated ships, cranes, derricks, and drag-lines on which steam boilers were fired by oil or coal, and that one such ship was secured to its docks at the time the fire in suit was discovered. There was no allegation whatever of any causal connection between such al *190 leged captive fire or fires and the origin of the fire in suit.

The District Court then held that the complaint as amended failed to state a cause of action. Appellant declined to amend further, and the motion of the Port Authority to dismiss with prejudice was granted.

Appellant urges that the doctrine of res ipsa, loquitur saves it from dismissal. This is on the premise that the Port Authority owned and controlled the dock where the fire originated. This assertion is untenable in view of the allegation that the loss in question was occasioned by a fire of unknown origin. See McKinney Supply Co. v. Orovitz, Fla., 1957, 96 So.2d 209 ; and Prosser on Torts, 2d Ed., p. 203. Appellant is foreclosed by the absence of allegations in the complaint creating a duty toward it on the part of the Port Authority, and absent duty; there can be no actionable negligence.

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 10 cases

View all citing references →
1972: 11973: 11974: 11975: 11981: 31988: 11989: 12022: 119722026peak 1981 · 3

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 2

DepthCaseCited by
McKinney Supply Co. v. Orovitz, 96 So. 2d 209 (Fla. 1957) 18
Centraal Stikstof Verkoopkantoor N v. v. Pensacola Port Auth., 205 F. Supp. 724 (N.D. Fla. 1962) 14

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list