reversing the district court opinion ((E.D. Va. 1967) 275 F.Supp. 591), cited and relied on by defendant
How later courts described this case
- reversing the district court opinion ((E.D. Va. 1967) 275 F.Supp. 591), cited and relied on by defendant
Written by the judges who cited it.
Later courts went against this
Abrogated — as noted by a later court
“However, Provenza and Venable are no longer good law.
by statutemedium confidence
The opinion
ON PETITION FOR REHEARING EN BANC
PER CURIAM.
Appellee’s Petition misconceives this court’s holding. We adhere to the view that operational negligence may cause unseaworthiness, but do not intimate that every instance of operational negligence necessarily creates liability under the unseaworthiness doctrine. The defect in the charge of the District Court, which required reversal, is that it ruled out the *356 possibility of a finding that the manner in which the longshoremen performed their duties resulted in an unseaworthy condition.
Rehearing denied.