UNITED STATES

v.

BLACKMER

Citator

Cited By

• Iligan Integrated Steel Mills, Inc. v. SS John Weyerhaeuser, 507 F.2d 68 (2d Cir. 1974)
  …from introducing the concept of gross negligence on the limited issue of whether a geographical deviation was unjustifiable. See The Will-domino, supra, 272 U.S. at 725-728, 47 S.Ct. 261; The Waalhaven, 36 F. 2d 706, 709 (2 Cir. 1929), cert. denied, 281 U.S. 747, 50 S.Ct. 352, 74 L.Ed. 1159 (1931). The difficulties that have been experienced in defining and applying varying degrees of negligence or even the concept of “wilful and wanton” are indicated in Prosser, Torts § 34 (4th ed. 1971). In the case o…
• Gen. Elec. Co. Int'l Sales Div. v. S.S. Nancy Lykes, 706 F.2d 80 (2d Cir. 1983)
  …d and are not clearly erroneous. We agree with Judge Lasker that, under all the circumstances, the Nancy [*86] Lykes’ deviation to San Pedro to obtain inexpensive bunkers was unreasonable. In The Waalhaven, 36 F. 2d 706 (2d Cir.1929), cert. denied, 281 U.S. 747, 50 S.Ct. 352, 74 L.Ed. 1159 (1930), a pre-COGSA case, we held that the vessel was liable for cargo damage resulting from a deviation taken to obtain inexpensive bunker fuel when the carrier’s decision to deviate knowingly exposed the vessel without…
• Marley v. The United States, 381 F.2d 738 (Ct. Cl. 1967)
  …lehour, 146 U.S. 153, 161, 13 S.Ct. 47, 36 L.Ed. 922 (1892); Levy v. Dossin’s Food Products, 72 F.Supp. 855, 860 (W.D.Mich. 1947); Handlan v. Bennett, 51 F. 2d 21, 24 (4th Cir. 1931); Hall v. McGehee, 37 F. 2d 854, 855 (5th Cir. 1930), Cert, denied, 281 U.S. 747, 50 S.Ct. 351, 74 L.Ed. 1159; In re Macklem, 28 F. 2d 417, 418 (D.Md.1928). That the trustee and plaintiff Marley were cognizant of the posture of the Court of Claims action and the effect of the Government’s offset against Claim II is evidenced by…