COMMERCIAL STEVEDORING COMPANY, INC.,
v.
DOWDELL, ADMINISTRATRIX

U.S. | 1931-05-25
No. 927
283 U.S. 857 Supreme Court of the United States (1931) Positive Treatment
Cited by 5 cases

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  • …99, 1945 AMC 31, recovery limited to initial slight collision damage and not subsequent sinking from failure to inspect and repair; and see, The Glendola, 2 Cir., 47 F. 2d 206, 1931 AMC 302, certiorari denied Standard Oil Co. v. Glendola S.S. Corp., 283 U.S. 857, 51 S.Ct. 650, 75 L.Ed. 1463, indicates foreseeability, not wrongfulness, is the significant quality for acts after initial injury and allows full damages since such acts were foreseeable. The following apparently treated as avoidable consequence o…
  • …M.C. 2415 (3d Cir.1959); Sinclair Refining Co. v. The AMERICAN SUN, 188 F. 2d 64 (2d Cir.1951); The PRISCILLA, 55 F. 2d 32, 1932 A.M.C. 334 (1st Cir.1932); Standard Oil Co. v. The S.S. GLENDOLA, 47 F. 2d 206, 1931 A.M.C. 302 (2d Cir.), cert. denied, 283 U.S. 857, 51 S.Ct. 650, 75 L.Ed. 1463 (1931); The State of California, 54 Fed. 404 (9th Cir.1893). We conclude, however, that, the fleet rule should not be applied in this case. The rule is intended for situations in which a vessel is removed from service th…
  • De Pascale v. Pa. R. Co., 180 F.2d 825 (3d Cir. 1950)
    …the allowance of a new trial for that reason is admittedly within the sound discretion of the trial judge and in the absence of abuse, that discretion will not be disturbed on appeal. Erie R. Co. v. Irons, 3 Cir., 48 F. 2d 60, 63, certiorari denied 283 U.S. 857, 51 S.Ct. 649, 75 L.Ed. 1463; McCoy v. Gaddes, 3 Cir., 88 F. 2d 480; Roedegir v. Phillips, 4 Cir., 85 F. 2d 995. ■ Appellant was a freight train conductor in the employ of appellee. On August 27, 1946, he was working in appellee’s freight yard near…

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