ABBOTT v. UNITED STATES LINES, INC.

No. 74-1319.

512 F.2d 118 (1975)

Marjorie J. ABBOTT, Administratrix of the Estate of Joseph A. Abbott, Deceased, Appellant, v. UNITED STATES LINES, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 11, 1975.


Attorney(s) appearing for the Case

C. Arthur Rutter, Jr., Norfolk, Va. (Breit, Rutter, Montagna & Carter, Norfolk, Va., on brief), for appellant.

John B. King, Jr., Norfolk, Va. (Walter B. Martin, Jr., and Vandeventer, Black, Meredith & Martin, Norfolk Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and THOMSEN, District Judge.


BUTZNER, Circuit Judge:

The primary issue of this appeal is whether the maritime duty of rescue arises only after a ship's officers know with certainty that a member of the crew is missing. The district court ruled that until the officers actually ascertain that a man is missing, there is no duty to search the ship for him. Because the rescue doctrine is not so severely circumscribed, we reverse and remand for a new trial. We hold that if there is a reasonable possibility...

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