ELLERMAN LINES, LTD., ET AL.

v.

BEARD

Citator

Cited By

• Dairy Queen, Inc. v. Wood, 369 U.S. 469 (U.S. 1962)
  …nded. Mr. Justice Stewart concurs in the result. Mr. Justice Frankfurter took no part in the decision of this case. Mr. Justice White took no.part in the consideration or decision of this case. McCullough v. Dairy Queen, Inc., 194 F. Supp. 686. 368 U. S. 874. 140 U. S. 106, 117. See also Cates v. Allen, 149 U. S. 451, in which the principles expressed and applied in Scott v. Neely were explicitly reaffirmed. Id., at 110. “Subdivision (b) [of Rule 18] does not disturb the doctrine of those cases [Scot…
• Atl. & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd., 369 U.S. 355 (U.S. 1962)
  …s therefore affirmed the judgment in favor of Beard and against respondents on the issue of negligence (without reaching the question of unseaworthiness), but reversed the judgment in favor of Atlantic. The case is here on a petition for certiorari. 368 U. S. 874. We might agree with the Court of Appeals had the questions of fact been left to us. But neither we nor the [*359] Court of Appeals can redetermine facts found by the jury any more than the District Court can predetermine them. For the Seventh Amen…
• Parker v. The United States, 611 F.2d 1007 (5th Cir. 1980)
  …uld also be required in a Brooks or Brown situation.7 The implied exception also is applied even [*1013] when the injured member is not in the same branch of service as the tortfeasor. Callaway v. Garber, 289 F. 2d 171 (9th Cir. 1961), cert. denied, 368 U.S. 874, 82 S.Ct. 120, 7 L.Ed.2d 76. See Uptegrove v. United States, 600 F. 2d 1248 (9th Cir. 1979) (negligence of FAA traffic controllers injures off duty navy service member travelling on Air Force transport on a space-available basis). The discipline c…