Opinion

James E. Venable v. A/s Det Forenede Dampskibsselskab

  • 399 F.2d 347
Court
Court of Appeals for the Fourth Circuit
Filed
Sep 16, 1968
Status
Published
On the bench
Sobeloff, Bryan, Butzner
Cited by
44 cases

Abrogated — as noted by a later court

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.

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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