· 7/18/1984
First Missouri Bank & Trust Co. v. Bayly, Martin & Fay Aviation Insurance Services, Inc.
Citations
- 739 F.2d 348
- 1984 U.S. App. LEXIS 20403
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “knowledge is not only what the shipowner knows but what he is charged with discovering in order to apprise himself of conditions likely to produce or contribute to a loss”
- merging together in the opinion the district court’s separate findings regarding negligence and unseaworthiness
- “[P]rivity and knowledge is established where the means of obtaining knowledge exist, or where reasonable inspection would have led to the requisite knowledge”
- the owner of the ship is bound only by its “managing agent, officer, supervising employee, including supervisory shoreside personnel”
- unwritten company policy to defer to pilot led, among other causes, to unseaworthy condition causing accident
- “Fault in the abstract is not sufficient. To produce liability, the • acts of negligence ... must be a contributory and proximate cause of the accident.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fagg, McMillian, Ross
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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