Munson S. S. Lines v. Newman, 24 F.2d 416 (5th Cir. 1928). · Go Syfert
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Munson S. S. Lines v. Newman, 24 F.2d 416 (5th Cir. 1928). Cases Citing This Book View Copy Cite
16 citation events (3 in the last 25 years) across 10 distinct courts.
Strongest positive: Donegan v. The Toro Company (txwd, 2023-06-05)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Donegan v. The Toro Company
W.D. Tex. · 2023 · confidence medium
Lines v. Newman, 24 F.2d 416, 417 (5th Cir. 1928) (taking judicial notice that distance between two cities was “more than 100 miles”). that any witness would be unwilling to testify.’”68 Defendants haven’t shown that any witness would resist testifying,69 so the fact that some witnesses might be more amenable to subpoenas in the Northern District doesn’t support transferring the case—or, at best, supports it only weakly.70 But nor has Plaintiff identified any potentially uncooperative witness who is currently subject to the Western District’s subpoena power but would no longer …
cited Cited as authority (rule) Sunday v. Belleair Village, LTD.
M.D. Fla. · 2020 · confidence medium
Lines v. Newman, 24 F.2d 416, 417 (5th Cir. 1928) (taking judicial notice of distance between cities); United States v. Williams, 476 F. Supp. 2d 1368 , 1378 n.6 (M.D.
cited Cited as authority (rule) Sunday v. Belleair Village, LTD.
M.D. Fla. · 2020 · confidence medium
Lines v. Newman, 24 F.2d 416, 417 (5th Cir. 1928) (taking judicial notice of distance between cities); United States v. Williams, 476 F. Supp. 2d 1368 , 1378 n.6 (M.D.
discussed Cited "see" Miners Sav. Bank of Pittston, Pa. v. United States
E.D. Pa. · 1953 · signal: see · confidence high
See Ralston v. Heiner, D.C.W.D.Pa. 1927, 21 F.2d 494, 495 , affirmed, 3 Cir., 1928, 24 F.2d 416 ; State of Michigan v. United States, 317 U.S. 338 , 63 S.Ct. 302 , 87 L.Ed. 312 , and cases cited; United States v. Snyder, 149 U.S. 210 , 13 S.Ct. 846 , 37 L.Ed. 705 ; 9 Mortens Law of Fed.
cited Cited "see, e.g." Pearson, Collector of Taxes v. Laughlin
D.C. Cir. · 1951 · signal: compare · confidence low
Compare Ralston v. Heiner, 3 Cir., 24 F.2d 416 ; Excelsior Life Insurance Co. v. Thomas, D.C., 49 F.Supp. 90 ; Waldron v. Poe, D.C., 1 F.2d 932 (W.D.
Retrieving the full opinion text from the archive…
MUNSON S. S. LINES
v.
NEWMAN
No. 5129.
Court of Appeals for the Fifth Circuit.
Feb 25, 1928.
24 F.2d 416
Crate D. Bowen, of Miami, Fla. (L. S. Julian and Shutts & Bowen, all of Miami, Fla., on the brief), for appellant., Robt. L. Shipp, of Miami, Fla. (Shipp, Evans & Kline, of Miami, Fla., on the brief), for appellee.
Bryan.
Cited by 9 opinions  |  Published
BRYAN, Circuit Judge.

This is an appeal from a decree in admiralty awarding[*417] damages for a personal injury sustained by appellee while he was employed as longshoreman and engaged in unloading cargo. A piece of plank used as dunnage was unsound, and broke under appellee’s weight, causing him to lose his balance, with the result that a box of freight which he was lifting fell on him and injured him.

The negligence charged in the libel was the failure to use reasonable care to provide a safe place for the stevedore and his longshoremen to work. It is insisted on this appeal that the failure to use sound boards for dunnage was the fault of the stevedore who loaded the ship, and that the owners are not chargeable with negligence. It is the duty of the ship initially to exercise due diligence to furnish the stevedore with a safe place to work, and she cannot escape liability by showing that a competent stevedore was employed at the loading port when the accident oeeurs in unloading.

Objection was made to the deposition taken at Miami for use in the trial at Jacksonville. The deposition was taken under section 865 of the Revised Statutes (28 USCA § 641), on the ground that the witness was at a greater distance than 100 miles from the place where the court was sitting. There is nothing in the objection, as this court .will take judicial notice that the distance between the cities named is more than 100 miles.

The decree is affirmed.