American Maritime Cases, Volume 3American Maritime Cases, Incorporated, 1988 |
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Page 2085
2081 I. Was the Plaintiff " in the Course of His Employment ” at the Time of the Injury ? The plaintiff's argument was accepted by the Court of Appeals which concluded : " The term ' course of employment ' as used in the statute ' is ...
2081 I. Was the Plaintiff " in the Course of His Employment ” at the Time of the Injury ? The plaintiff's argument was accepted by the Court of Appeals which concluded : " The term ' course of employment ' as used in the statute ' is ...
Page 2087
... course of his employment , " because it was intended to mean what it says . Id . Under these facts , we find that the Court of Appeals erred by taking an analytical step which implies that a seaman on shore leave is always in the course ...
... course of his employment , " because it was intended to mean what it says . Id . Under these facts , we find that the Court of Appeals erred by taking an analytical step which implies that a seaman on shore leave is always in the course ...
Page 2097
... Course of Employment , 4 L.Ed.2d 1777 . Kinsman relies on In re Atlass , 1965 AMC 2048 , 2056 , 350 F.2d 592 , 597 ( 7 Cir . 1965 ) , where the United States Court of Appeals for the Seventh Circuit denied the claim of two seamen who ...
... Course of Employment , 4 L.Ed.2d 1777 . Kinsman relies on In re Atlass , 1965 AMC 2048 , 2056 , 350 F.2d 592 , 597 ( 7 Cir . 1965 ) , where the United States Court of Appeals for the Seventh Circuit denied the claim of two seamen who ...
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9 Cir aboard accident action admiralty law affirmed agreement alleged apply arbitration argues award barge bill of lading boat breach cargo Carnival Cruise Lines carrier cause cert charter party Chotin Chromospec Circuit claim claimants clause COGSA collision Company concluded contract Corp Court finds Court of Appeals crew damages decision defendant defendant's denied dismissed district court diversity jurisdiction dredging duty Eleventh Amendment employee entitled evidence F.Supp federal court filed forum non conveniens GAC Marine Globomar hull indemnity issue Jones Act jury Lasseigne liability limitation loss Lykes marine insurance maritime law maritime lien ment motion navigation negligence operations owner pipeline plaintiff port Public Vessels Act pursuant reasonable repair rule SDNY Sea-Land seaman seaworthy Ship Mortgage shipowner sovereign immunity statute stevedore Suits in Admiralty summary judgment supra Supreme Court Tenneco Texaco tion tort trial court Underwriters United States District unseaworthiness warranty