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Roper v. United States, 368 U.S. 20 (1961)
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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.
Roper v. United States, 368 U.S. 20 (1961)
Roper v. United States No. 16 Argued October 12, 16, 1961 Decided November 6, 1961 368 U.S. 20
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
This libel in personam against the United States under the Suits in Admiralty Act was brought by an employee of a stevedoring company to recover damages for injuries sustained while unloading grain from a government-owned ship at a pier. The ship had been deactivated, "mothballed" and rendered unfit for navigation, and was being used solely for the storage of grain owned by the Government. Without being prepared or relicensed for navigation, it had been towed to a grain elevator, loaded with grain, towed back to its anchorage, and then towed again to the grain elevator for unloading when the grain was sold. The trial court dismissed the libel, holding that, since the vessel was not in navigation, there was no warranty of seaworthiness. The Court of Appeals affirmed.
Held: the existence of the warranty of seaworthiness depends on whether the vessel is in navigation, which is a question of fact; on the record in this case, this Court cannot hold that the finding of the trial court in this regard was clearly erroneous. Pp. 20-24.
282 F.2d 413, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Roper v. United States, 368 U.S. 20 (1961) in 368 U.S. 20 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=S72S14AV8YAY2RG.
MLA: U.S. Supreme Court. "Syllabus." Roper v. United States, 368 U.S. 20 (1961), in 368 U.S. 20, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=S72S14AV8YAY2RG.
Harvard: U.S. Supreme Court, 'Syllabus' in Roper v. United States, 368 U.S. 20 (1961). cited in 1961, 368 U.S. 20. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=S72S14AV8YAY2RG.
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