unseaworthiness वाक्य
उदाहरण वाक्य
मोबाइल
- Second, we explained in Moragne that " identical breaches of the duty to provide a seaworthy ship, resulting in death, produce liability outside the threemile limit . . . but not within the territorial waters of a State whose local statute excludes unseaworthiness claims ."
- These boats were starting to gain a reputation, still very much unproven, for speed, along with a darker reputation for unseaworthiness; they were known to be very stable under normal conditions, but extremely difficult to right if knocked over, for example by a cruisers.
- As a result, at the time Moragne was decided, the survivors of a longshore worker killed in the territorial waters of a State whose wrongful death statute incorporated unseaworthiness could sue under that theory, but the survivors of a similarly-situated seaman could not . ( footnote 9)
- In West v . United States, 361 U . S . 118 ( 1959 ), we held that a shoreside worker was not entitled to recover for unseaworthiness because the vessel on which he was injured was undergoing an overhaul for the purpose of making her seaworthy and therefore had been withdrawn from navigation.
- The Moragne Court tied its petitioner's unseaworthiness plea to a federal right-of-action anchor, but left in place the negligence claim she had stated under Florida's law, and thus showed no hostility to concurrent application of state wrongful death statutes that might provide a more generous remedy.
- This occurred because survivors of a maritime worker killed on the high seas could sue for wrongful death under the Death on the High Seas Act ( DOHSA ), 46 U . S . C . App . s761 et seq . ( 1988 ed . ), which encompasses unseaworthiness as a basis of liability.
- Following the reduction of these remaining naval forces on Isle de France during 1808, by defeat in battle and disarmaments due to age and unseaworthiness, the French naval authorities made a serious attempt to disrupt British trade in the region, ordering five large modern frigates to sail to Isle de France under Commodore Jacques Hamelin.
- This occurred because in nonfatal injury cases, state substantive liability standards were superseded by federal maritime law, see Kermarec v . Compagnie Generale Transatlantique, 358 U . S . 625, 628 ( 1959 ); Pope & Talbot, 346 U . S ., at 409, which provided for maritime worker recovery based on unseaworthiness.
- But it, like the liability to indemnify the seaman for injuries resulting from unseaworthiness, has been universally recognized as an obligation growing out of the status of the seaman and his peculiar relationship to the vessel, and as a feature of the maritime law compensating or offsetting the special hazards and disadvantages to which they who go down to sea in ships are subjected.
- Abe and his staff transferred to " Yukikaze " at 08 : 15 . " Kirishima " was ordered by Abe to take " Hiei " under tow, escorted by " Nagara " and its destroyers, but the attempt was cancelled because of the threat of submarine attack and " Hiei " s increasing unseaworthiness.
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