N. V. STOOMVAART MAATSCHAPPIJ "NEDERLAND", APPELLANT,
v.
GENEVIEVE THRONER ET AL., APPELLEES
N. V. STOOMVAART MAATSCHAPPIJ "NEDERLAND", APPELLANT,
GENEVIEVE THRONER ET AL., APPELLEES
345 F.2d 472
Court of Appeals for the Fifth Circuit (1965)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
The evidence in this suit for damages resulting from personal injuries sustained by a ship passenger demonstrated that the passenger may have been in a situation of danger, and that under the circumstances appellant may have owed a duty to the passenger to warn her of the danger. Questions for the jury were thus presented and the court did not err in denying appellant’s motion for directed verdict.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Isbell v. Carnival Corp., 462 F. Supp. 2d 1232 (S.D. Fla. 2006)…fendant has a duty to warn the passengers of dangers, “this obligation extends only to those dangers which are not apparent and obvious to the passenger.” Luby, 633 F.Supp. at 41 (citing N.V. Stoomvaart Maatschappij Nederland v. Throner, 345 F.2d 472 (5th Cir. 1965)). Here, the “risk-creating condition” was the risk that there could potentially be snakes in the river of the rainforest. Plaintiff alleges that “there is no question that [Defendant] either had constructive notice of the presenc…
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Luby v. Carnival Cruise Lines, Inc., 633 F. Supp. 40 (S.D. Fla. 1986)…60 AMC 52 (4th Cir.1959). While there is a duty of the carrier to warn the passenger of dangers, this obligation extends only to those dangers which are not apparent and obvious to the passenger. N.V. Stoomvaart Maatschappij Nederland v. Throner, 345 F.2d 472 (5th Cir.1965). 2 . The Court acknowledges that this is a maritime tort because the slip and fall occurred aboard the MARDI GRAS while docked in Miami, Florida. In all other respects, however, it is a garden variety state tort claim, and in…