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McAllister v. Magnolia Petroleum Co., 357 U.S. 221 (1958)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
McAllister v. Magnolia Petroleum Co., 357 U.S. 221 (1958)
McAllister v. Magnolia Petroleum Co. No. 83 Argued April 1, 1958 Decided June 23, 1958 357 U.S. 221
CERTIORARI TO THE COURT OF CIVIL APPEALS OF TEXAS,
FIFTH SUPREME JUDICIAL DISTRICT
Syllabus
1. Where an action for unseaworthiness is combined with an action under the Jones Act, a court cannot apply to the former a shorter period of limitations than Congress has prescribed for the latter. Pp. 221-226.
2. In this case, the trial judge’s instructions to the jury on the issue of unseaworthiness were erroneous, since they carried the incorrect implication that petitioner could recover for unseaworthiness only if the defect was of such quality that it rendered the whole vessel unfit for the purpose for which it was intended. Pp. 226-227.
290 S.W.2d 313, judgment vacated and cause remanded.
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Chicago: U.S. Supreme Court, "Syllabus," McAllister v. Magnolia Petroleum Co., 357 U.S. 221 (1958) in 357 U.S. 221 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=2TQMBTEXS8C9LY2.
MLA: U.S. Supreme Court. "Syllabus." McAllister v. Magnolia Petroleum Co., 357 U.S. 221 (1958), in 357 U.S. 221, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2TQMBTEXS8C9LY2.
Harvard: U.S. Supreme Court, 'Syllabus' in McAllister v. Magnolia Petroleum Co., 357 U.S. 221 (1958). cited in 1958, 357 U.S. 221. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=2TQMBTEXS8C9LY2.
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