POSEY

v.

DOWD, WARDEN

Citator

Cited By (17 total)

• Watz v. Zapata Off-Shore Co., 431 F.2d 100 (5th Cir. 1970)
  …the responsibility of the shipowner. For example, it is generally accepted that an uncompleted vessel does not offer the warranty of seaworthiness, see, e. g., Frankel v. Bethlehem-Fairfield Shipyard, Inc., 4 Cir. 1942, 132 F. 2d 634, cert. denied, 319 U.S. 746, 63 S.Ct. 1030, 87 L.Ed. 1702, yet the Supreme Court has held that admiralty jurisdiction attaches to a tort occurring on board such a vessel when in navigable waters. Grant Smith-Porter Ship Company v. Rohde, supra. Commentators11 and some courts,…
• Wiper v. Great Lakes Eng'g Works, 340 F.2d 727 (6th Cir. 1965)
  …mployment is within the protection of the Jones Act. Swanson v. Marra Bros., 328 U.S. 1, 7, 66 S.Ct. 869, 90 L.Ed. 1045 (1946); Frankel v. Bethlehem-Fairfield Shipyard, D.C., 46 F.Supp. 242, 249, affirmed 132 F. 2d 634 (4th Cir. 1942), cert. denied, 319 U.S. 746, 63 S.Ct. 1030, 87 L.Ed. 1702 (1942). The Judgment of the District Court is affirmed.…
• Mrs. Amy Hall v. Hvide Hull NO. 3 & Avondale Shipyards, Inc., 746 F.2d 294 (5th Cir. 1984)
  …32 F. 2d 6 (5th Cir.1970) and Alfred v. M/V Margaret Lykes, 398 F. 2d 684 (5th Cir.1968). Garcia relied solely upon Alfred, and Alfred relied primarily upon Frankel v. Bethlehem-Fairfield Shipyard, Inc., 132 F. 2d 634 (4th Cir.1942), cert. denied, 319 U.S. 746, 63 S.Ct. 1030, 87 L.Ed. 1702 (1943), overlooking that, despite broad language, the issue actually decided in Frankel was whether a construction worker on such an in-completed vessel was a seaman, so as to have a Jones Act remedy. So far as we can a…