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Palermo v. Luckenbach S.S. Co., Inc., 355 U.S. 20 (1957)
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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.
Palermo v. Luckenbach S.S. Co., Inc., 355 U.S. 20 (1957)
Palermo v. Luckenbach Steamship Co., Inc. No. 350 Decided October 21, 1957 355 U.S. 20
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED
STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Syllabus
A jury awarded damages to petitioner, a longshoreman, for personal injuries sustained while working on a ship owned and operated by respondent. The Court of appeals reversed on the ground that the trial court had erred in refusing to charge the jury that petitioner was not entitled to any recovery if he voluntarily chose to use a passageway known by him to be unsafe and if there was any other passageway known by him to be safe.
Held: certiorari is granted, the judgment is reversed, and the case is remanded.
(a) The trial court did not commit reversible error in refusing to grant such an instruction.
(b) Petitioner’s alleged choice of a more dangerous route did not, under the proofs, operate to bar recovery as a matter of law.
(c) The jury was properly instructed that petitioner’s negligence, if any, was to be considered in mitigation of damages under the rule applicable in actions for personal injuries arising from maritime torts.
246 F.2d 557 reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Palermo v. Luckenbach S.S. Co., Inc., 355 U.S. 20 (1957) in 355 U.S. 20 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=UY3BXCFXM8FMEU2.
MLA: U.S. Supreme Court. "Syllabus." Palermo v. Luckenbach S.S. Co., Inc., 355 U.S. 20 (1957), in 355 U.S. 20, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UY3BXCFXM8FMEU2.
Harvard: U.S. Supreme Court, 'Syllabus' in Palermo v. Luckenbach S.S. Co., Inc., 355 U.S. 20 (1957). cited in 1957, 355 U.S. 20. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=UY3BXCFXM8FMEU2.
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