· 6/19/1995
McAller v. Smith
Citations
- 57 F.3d 109
- 1995 A.M.C. 2174
- 1995 U.S. App. LEXIS 14932
- 1995 WL 355295
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a bareboat charter is liable for unseaworthiness during the charter “except for defective conditions that existed before the owner pro hac vice took control of the vessel”
- holding no partnership existed between vessel’s owner and opera- tor because operator lacked any ownership interest in ves- sel, did not “share in the profits” from vessel operations, and had no control over vessel’s itinerary
- “seamen have no general maritime cause of action for injuries caused by the negligence of the master or crew”
- “[A]n owner pro hoc vice may be liable for the unseaworthiness of a vessel. In general, if there is an owner pro hoc vice, the title owner will be absolved of personal liability.” (citation omitted)
- “In general, if there is an owner pro hac vice, the title owner will be absolved of personal liability (except for defective conditions that existed before the owner pro hac vice took control of the vessel).”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cyr, Campbell, Stahl
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.