Opinion

Charles Brown v. Dravo Corporation. Appeal of Charles Brown. Appeal of Dravo Corporation

  • 258 F.2d 704
Court
Court of Appeals for the Third Circuit
Filed
Sep 23, 1958
Status
Published
Author
Biggs
On the bench
Biggs, Maris, Goodrich, McLaughlin
Cited by
12 cases

explaining seaworthiness is "a relative concept, dependent in each instance upon the circumstances"

How later courts described this case

  • explaining seaworthiness is "a relative concept, dependent in each instance upon the circumstances"

Written by the judges who cited it.

The opinion

BIGGS, Chief Judge

(dissenting).

In my opinion a ship is unseaworthy if it does not have equipment on board which will permit the moving of a heavy weight, such as a 540 pound drum of oil, by some other means than by pushing and pulling it along a steel deck on a shovel. The libellant, Brown, was injured during the course of this grotesque operation and it is clear that he would not have been injured had a dolly been available and been employed.

For these reasons I dissent from the order denying rehearing en banc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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