TROST

v.

AMERICAN HAWAIIAN STEAMSHIP CO.

Citator

Cited By (12 total)

• Allen v. Seacoast Prods., Inc., 623 F.2d 355 (5th Cir. 1980)
  …nighttime sightseeing voyage did not further the employer’s interests in the slightest. Seacoast’s other cases, Trost v. American Hawaiian S.S. Co., 324 F. 2d 225 (2d Cir. 1963) (seaman’s fall through open trap door of shoreside cafe), cert. denied, 376 U.S. 963, 84 S.Ct. 1125, 11 L.Ed.2d 981 (1964); Robinson v. Northeastern S.S. Corp., 228 F. 2d 679, 1956 A.M.C. 289 (2d Cir.) (seaman injured while being taken back to ship), cert. denied, 351 U.S. 937, 76 S.Ct. 834, 100 L.Ed. 1465 (1956); and Walker v. Sinc…
• Glick v. White Motor Co., 458 F.2d 1287 (3d Cir. 1972)
  …estricted to matters of fact which otherwise would require evidentiary proof, and does not include counsel’s statement of his conception of the legal theory of a case. New Amsterdam Casualty Co. v. Waller, 323 F. 2d 20 (4th Cir. 1963), cert. denied, 376 U.S. 963, 84 S.Ct. 1124, 11 L.Ed.2d 981 (1964). The application of the above principles compels the conclusion that the plain and unequivocal acceptance at trial of the authenticity of the spring exhibits constitutes a binding admission by White. Rockwell a…
• IRA S. Bushey & Sons, Inc. v. United States, 398 F.2d 167 (2d Cir. 1968)
  …he servant does not create risks different from those attendant on the activities of the community in general. Cf. Gordon v. United States, 180 F.Supp. 591 (Ct.Cl.1960); Trost v. American Hawaiian S.S. Co., 324 F. 2d 225 (2 Cir. 1963), cert. denied, 376 U.S. 963, 84 S.Ct. 1125, 11 L.Ed.2d 98.1 (1964). We agree with the district judge that if the seaman “upon returning to the drydock; recognized the Bushey security guard as his wife’s lover and shot him,” 276 F.Supp. at 530, vicarious liability would not fo…