· 4/18/1979
Daniel John Gaspard v. Diamond M. Drilling Company
Citations
- 593 F.2d 605
- 1979 U.S. App. LEXIS 15348
- 1980 A.M.C. 747
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- In aetion for Jones Act negligence, unseaworthiness, and maintenance and cure, time charter is presumed and can only be overcome by specific facts that demise charter existed
- Verbal agreement between drilling company and crew boat operator held to be time charter, and not demise charter, where crew boat operator retained possession and command of the vessel, supplied crew, and paid for insurance, operation, and repairs
- “A complete transfer of possession, command, and navigation of the vessel from the owner to the charterer is required in order to constitute a demise charter. It is therefore tantamount to, though just short of, an outright transfer of ownership.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Gee, Hill, Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.