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· 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 CourtListener

Sourced 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.