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

> Court of Appeals for the Fourth Circuit · September 16, 1968 · 399 F.2d 347

URL: https://www.frixlaw.com/law-library/cases/9453874

## Case

- **Full name:** James E. VENABLE, Appellant, v. A/S DET FORENEDE DAMPSKIBSSELSKAB, Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** September 16, 1968
- **Citations:** 399 F.2d 347
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Sobeloff, Bryan, Butzner
- **Cited by:** 44 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated — as noted by a later court.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9453874

## How later opinions describe it (automated extraction)

- reversing the district court opinion ((E.D. Va. 1967) 275 F.Supp. 591), cited and relied on by defendant

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9453874. Public record. Not legal advice.