MASSENGALE

v.

MASSENGALE

Citator

Cited By

• Johnson v. Norwood Bryant, 671 F.2d 1276 (11th Cir. 1982)
  …1976); Marshall v. Ove Skou Rederi A/S, 378 F. 2d at 197 n. 6. No undue emphasis was placed on the reasonableness feature which would dilute the warranty, as occurred in Ballwanz v. Isthmian Lines, Inc., 319 F. 2d 457 (4th Cir. 1963), cert. denied, 376 U.S. 970, 84 S.Ct. 1136, 12 L.Ed.2d 84 (1964). The appellant further objects to two instructions on unseaworthiness given at the request of the appellee. Defendant’s Instruction No. 4 stated, in part: The standard is not perfection, but reasonable fitness,…

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• Rivera v. Rederi A/B Nordstjernan, 456 F.2d 970 (1st Cir. 1972)
  …remedied, and were ordered to continue working. They were not in control of the stowing operations in the hold and cannot be held responsible for the overall manner of stowing. Ballwanz v. Isthmian Lines, 319 F. 2d 457 (4th Cir. 1963), cert. denied, 376 U.S. 970, 84 S.Ct. 1136, 12 L. Ed.2d 84 (1964). To say the plaintiffs were contributorily negligent in these circumstances would be to state that in continuing work they assumed the risk of obeying orders. We will not allow assumption of risk to masquerade…
• Smith v. United States, 336 F.2d 165 (4th Cir. 1964)
  …enter judgment for libelant for $12,326.43; and judgment for the United States on the third-party claim. . Nicroli v. Den Norske Afrika-Og, 332 F. 2d 651 (2d Cir. 1964); Ballwanz v. Isthmian Lines, Inc., 319 F. 2d 457 (4th Cir. 1963), cert. denied, 376 U.S. 970, 84 S.Ct. 1136, 12 L.Ed.2d 84 (1964); Ktistakis v. United Cross Navigation Co., 316 F. 2d 869, (2d Cir. 1963); Scarberry v. Ohio River Co., 217 F.Supp. 189 (N.D. W.Va.1963). . See, e. g., Ferrigno v. Ocean Transport, Ltd., 201 F.Supp. 173, 178 (S.D…