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Hess Vs. United States
Cites for this judgment
- US Supreme Court
- Jan 18, 1960
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Hess v. UnitedSearch
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States - 361 U.S. 314 (1960) U.S. Supreme Court Hess v. UnitedSearch
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States, 361 U.S. 314 (1960) Hess v. UnitedSearch
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Law may be invoked to recover for a maritime death in that State without constitutional inhibition. The Tungus v. SkovgaardSearch
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Kermarec v. CompagnieSearch
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U. S. 625 . Oregon would be required, therefore, to look to maritime law in deciding it. Chelentis v. LuckenbachSearch
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not under admiralty's standards of duty, but under the substantive standards of the state law. United Pilots Assn. v. HaleckiSearch
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Klingseisen v. CostanzoSearch
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Brief any citation in this list with AI Studio
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Truelson v. WhitneySearch
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Quinette v. BissoSearch
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Lee v. PureSearch
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Feige v. HurleySearch
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Holley v. theSearch
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Garrett v. Moore-McCormackSearch
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adjudication, not with reaching particular results in given cases. What was said last Term in deciding The Tungus v. SkovgaardSearch
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Even Southern Pacific Co. v. JensenSearch
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includes of necessity the power to determine when recovery shall be permitted and when it shall not. Cf. Caldarola v. EckertSearch
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and MR. JUSTICE BRENNAN join the opinion of the Court, but solely under compulsion of the Court's ruling in The Tungus v. SkovgaardSearch
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of it has engendered among its original subscribers. See the various separate opinions in this case and in Goett v. UnionSearch
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territory of one political entity caused injury or death within a different political entity. Cf. Eastern Air Lines v. UnionSearch
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Byers v. HardySearch
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Drefs v. HolmanSearch
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Rorvik v. NorthSearch
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C. D. Johnson Lumber Corp. v. HutchensSearch
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Coomer v. SuppleSearch
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Myers v. StaubSearch
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Tamm v. SausetSearch
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Warner v. SynnesSearch
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Walters v. DockSearch
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law, The Harrisburg, 119 U. S. 199 , may be brought under a state wrongful death statute. In The Tungus v. SkovgaardSearch
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this is the failure to use reasonable care in light of the attendant circumstances, that is, negligence. See Kermarec v. CompagnieSearch
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Homan v. BroadwaySearch
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P.2d 349, 351, 11 P.2d 814, than that generally required of defendants in accident cases. See Camenzind v. FreelandSearch
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federal supremacy in maritime affairs, and more particularly from the rule first unmistakably announced in Chelentis v. LuckenbachSearch
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U. S. 384 . This rule was soon reiterated in two subsequent cases. The first was Carlisle Packing Co. v. SandangerSearch
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Id. at 259 U. S. 259 . The second case was Robins Dry Dock Co. v. DahlSearch
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against his employer for a shipboard injury. Such a right of action existed in admiralty, Atlantic Transport Co. v. ImbrovekSearch
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the issue was not again raised in litigation here for several decades. Garrett v. Moore-McCormackSearch
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supremacy principle in this area. 317 U.S. at 317 U. S. 244 , n. 10. It remained for Pope & Talbot, Inc. v. HawnSearch
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was debarred from applying another rule. Finally, when, only last Term, the Court came to consider, in Kermarec v. CompagnieSearch
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Page 361 U. S. 328 necessary to determine the rights and liabilities of the parties. Carlisle Packing Co. v. SandangerSearch
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a jury trial. Whatever doubt may once have existed on that score was effectively laid to rest by Pope & Talbot, Inc. v. HawnSearch
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in the maritime law. 207 U.S. at 207 U. S. 406 . Mr. Justice McReynolds, in Western Fuel Co. v. GarciaSearch
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