MCDANIEL
v.
THE LISHOLT ET AL.

U.S. | 1959-03-02
No. 424
359 U.S. 26 Supreme Court of the United States (1959) Positive Treatment
Cited by 4 cases
Per_curiam
Per Curiam.

Per Curiam.

The petition for writ of certiorari is granted and the judgment of the United States Court of Appeals for the Second Circuit is vacated. The case is remanded to the District Court for a new trial in light of Kermarec v. Compagnie Generale Transatlantique, 358 U. S. 625.

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  • McDANIEL v. THE M/S Lisholt, 282 F.2d 816 (2d Cir. 1960)
    …libelant, whose status aboard the ship was that of a licensee, was to refrain from willful or wanton negligence. McDaniel v. The M/S Lisholt, 2 Cir., 257 F. 2d 538, affirming D.C. S.D.N.Y., 155 F.Supp. 619. The Supreme Court in a Per Curiam opinion, 359 U.S. 26, 79 S.Ct. 602, 3 L.Ed.2d 625, remanded the cause “for a new trial in [*817] light of Kermaree v. Compagnie Generale Transatlantique, 358 U.S. 625, 79 S.Ct. 406, 3 L.Ed.2d 550.” Upon remand, the district court, per Chief Judge Ryan, found that respon…
  • Uglem v. Foss Launch & TUG Co., 541 F.2d 1378 (9th Cir. 1976)
    …The appeal had a protracted history. Originally the Second Circuit affirmed a district court judgment which had dismissed the fireman’s claim against the shipowner. 257 F. 2d 538 (2d Cir. 1958). The Supreme Court remanded the cause for a new trial, 359 U.S. 26, 79 S.Ct. 602, 3 L.Ed.2d 625 (1959), the district court complied and again dismissed the complaint, 180 F.Supp. 24 (S.D.N.Y.1959), and the circuit court affirmed that judgment. “35 There are, of course, circumstances in which in rem liability will…

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