PALERMO
v.
LUCKENBACH STEAMSHIP CO., INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial court did not err in refusing a jury instruction, as the petitioner's choice of a dangerous route did not bar recovery as a matter of law.
Petitioner sued for personal injuries arising from a maritime tort. The trial court refused a requested jury instruction regarding the petitioner's al…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Maritime Tort cases and more on FLexlaw
Per Curiam.
The petition for certiorari is granted, and the judgment of the Court of Appeals is reversed and the case is remanded.* We hold that the trial court did not commit reversible error in refusing to charge respondent’s request No. 12. The petitioner’s alleged choice of a more dangerous route did not, under the proofs, operate to bar recovery as a matter of law. The jury was properly instructed that the petitioner’s negligence, if any, was to be considered in mitigation of damages under the rule applicable in actions for personal injuries arising from maritime torts. Poye & Talbot, Inc., v. Hawn, 346 U. S. 406, 408-409; cf. Socony-Vacuum Oil Co. v. Smith, 305 U. S. 424.
For reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 524, Mr. Justice Frankfurter is of the view that the writ of certiorari is improvidently granted.
[For memorandum of Mr. Justice Harlan, joined by Mr. Justice Burton and Mr. Justice Whittaker, see ante, p. 19.]
*
[Amended, post, p. 910, to provide for remand of the case to the Court of Appeals.]
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
-
Hubbard v. Faros Fisheries, Inc., 626 F.2d 196 (1st Cir. 1980)…unequivocal diagnosis of the permanency of his disability. Affirmed in part, vacated in part, and remanded. . Although contributory negligence is not available as a complete defense to an unseaworthiness claim, Palermo v. Luckenbach Steamship Co., 355 U.S. 20, 78 S.Ct. 1, 2 L.Ed.2d 3 (1957), the principle of comparative negligence does apply, see IB Benedict on Admiralty § 25 (6th ed. 1976). Thus, a shipowner’s liability may be offset proportionately to the extent to which the jury determines the plainti…
-
Mrs. Mae Frances Neal v. Saga Shipping Co., 407 F.2d 481 (5th Cir. 1969)…nderance of the evidence. See Looney v. Metropolitan R.R. Co., 1906, 200 U.S. 480, 26 S.Ct. 303, 306, 50 L.Ed. 564; Nolan v. Greene, 6 Cir., 1967, 383 F. 2d 814, 817. See also, 9 Wigmore, Evidence §§ 2507-10. . Palermo v. Luckenbach S.S. Co., 1957, 355 U.S. 20, 78 S.Ct. 1, 2 L.Ed.2d 3; Socony Vacuum Oil Co. v. Smith, 1939, 305 U.S. 424, 432, 59 S.Ct. 262, 83 L.Ed. 265; Holley v. The Manfred Stansfield, 4 Cir., 1959, 269 F. 2d 317, 322. . Palermo, note 2 supra; Pope & Talbot, Inc. v. Hawn, 1953, 346 U.S.…
-
Edynak v. Atl. Shipping Inc. CIE., 562 F.2d 215 (3d Cir. 1977)…Rather, admiralty “allows such consideration of contributory negligence in mitigation of damages as justice requires.” Pope & Talbot, Inc. v. Hawn, 346 U.S. 406, 409-10, 74 S.Ct. 202, 204, 98 L.Ed. 143 (1953). Accord, Palermo v. Luckenbach S.S. Co., 355 U.S. 20, 21, 78 S.Ct. 1, 2 L.Ed.2d 3 (1958); Seas Shipping Co. v. Sieracki, 328 U.S. 85, 94 n. 11, 66 S.Ct. 872, 90 L.Ed. 1099 (1946); The Max Morris, 137 U.S. 1, 11 S.Ct. 29, 34 L.Ed. 586 (1890). . Atlantic does not appear to contest the dismissal of the…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rogers v. Mo. Pac. R.R. Co., 352 U.S. 500 (U.S. 1957)
- Pope & Talbot, Inc. v. Hawn, 346 U.S. 406 (U.S. 1953)
- Socony-Vacuum Oil Co. v. Smith, 305 U.S. 424 (U.S. 1939)