PAYTON
v.
HARRIS

U.S. | 1981-05-04
No. 80-6017
451 U.S. 966 Supreme Court of the United States (1981) Positive Treatment
Cited by 5 cases

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  • …1981, vacated our decision, and remanded the case to this Court “for further consideration in light of Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156, 101 S.Ct. 1614, 68 L.Ed.2d 1 (1981).” Futo v. Lykes Brothers Steamship Company, Inc., 451 U.S. 966, 101 S.Ct. 2040, 68 L.Ed.2d 344 (1981). This Court then remanded, without opinion, to the district court “for further proceedings consistent with Scindia," following which the defendant again filed a motion for summary judgment. The district cour…
  • Gill v. Hango Ship-Owners/AB, 682 F.2d 1070 (4th Cir. 1982)
    …ongshoreman even if the stevedore had also been negligent, at least so long as the stevedore is not in exclusive control of the condition which caused the harm. See Sarauw v. Oceanic Navigation Corp., 622 F. 2d 1168, 1172-1173 (3 Cir. 1980), vacated 451 U.S. 966, 101 S.Ct. 2039, 68 L.Ed.2d 344 (1981), aff’d on rehearing, 655 F. 2d 526 (1981). According to this view, the shipowner could be liable if it did not use “reasonable care under the circumstances,” and reasonable care could require rectifying conditi…
  • Derr v. Kawasaki Kisen K.K., 835 F.2d 490 (3d Cir. 1987)
    …(1981), cert. denied, 456 U.S. 914, 102 S.Ct. 1767, 72 L.Ed.2d 173 (1982), and from a defective gangway which, albeit supplied by the stevedore, became the vessel’s gangway, Sarauw v. Oceanic Navigation Corp., 622 F. 2d 1168 (3d Cir.1980), vacated, 451 U.S. 966, 101 S.Ct. 2039, 68 L.Ed.2d 344, on remand, 655 F. 2d 526 (1981), cert. denied, 456 U.S. 914, 102 S.Ct. 1767, 72 L.Ed.2d 173 (1982). Appellants do not contend that either of the vessels in this case was defective, or that their equipment, gear, or…

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