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Usner v. Luckenbach Overseas Corp., 400 U.S. 494 (1971)
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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.
Usner v. Luckenbach Overseas Corp., 400 U.S. 494 (1971)
Usner v. Luckenbach Overseas Corp. No. 47 Argued November 18, 1970 Decided January 25, 1971 400 U.S. 494
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Isolated, personal act of negligence by a fellow longshoreman resulting in injury to petitioner did not make shipowner liable on ground of unseaworthiness of vessel, as injury was not caused by ship’s condition, appurtenances, cargo, or crew. There is a "complete divorcement of unseaworthiness liability from concepts of negligence." Mitchell v. Trawler Racer, 362 U.S. 539, 550. Pp. 496-500.
413 F.2d 984, affirmed.
STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion in which BLACK and BRENNAN, JJ., joined, post, p. 501. HARLAN, J., filed a dissenting opinion, post, p. 503.
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Chicago: U.S. Supreme Court, "Syllabus," Usner v. Luckenbach Overseas Corp., 400 U.S. 494 (1971) in 400 U.S. 494 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=ATXGL8NRA668P67.
MLA: U.S. Supreme Court. "Syllabus." Usner v. Luckenbach Overseas Corp., 400 U.S. 494 (1971), in 400 U.S. 494, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ATXGL8NRA668P67.
Harvard: U.S. Supreme Court, 'Syllabus' in Usner v. Luckenbach Overseas Corp., 400 U.S. 494 (1971). cited in 1971, 400 U.S. 494. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=ATXGL8NRA668P67.
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