A. L. MECHLING BARGE LINES, INC., APPELLANT,
v.
DERBY COMPANY, LTD., APPELLEE
A. L. MECHLING BARGE LINES, INC., APPELLANT,
DERBY COMPANY, LTD., APPELLEE
399 F.2d 304
Court of Appeals for the Fifth Circuit (1968)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
We agree with the holding below and adopt the district court’s opinion (“findings of fact and conclusions of law”) as the opinion of this Court. See 258 F.Supp. 206 (1966). We consider that Bisso v. Inland Waterways Corp., 1955, 349 U.S. 85, 75 S.Ct. 629, 99 L.Ed. 911 and Dixilyn Drilling Corp. v. Crescent Towing & Salvage Co., 1963, 372 U.S. 697, 83 S.Ct. 967, 10 L.Ed.2d 78, are relevant, if not necessarily controlling. We recognize the difference between negligence and unseaworthiness and between a private carrier and a common carrier. But we are dealing here with the construction of an exculpatory clause. Even if Bisso and Dixilyn were distinguishable, we would feel compelled to say that, absent plainly unambiguous language, a general exculpatory clause cannot be construed to mean that it relieves a shipowner of the obligation of furnishing a seaworthy vessel.
The judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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THE Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (U.S. 1972)
-
Consol. Grain & Barge Co. v. Marcona Conveyor Corp., 716 F.2d 1077 (5th Cir. 1983)
-
King Fisher Marine Serv., Inc. v. The NP Sunbonnet, 724 F.2d 1181 (5th Cir. 1984)
Authorities Cited
- Bisso v. Inland Waterways Corp., 349 U.S. 85 (U.S. 1955)
- Dixilyn Drilling Corp. v. Crescent Towing & Salvage Co., 372 U.S. 697 (U.S. 1963)