Curry

Curry v. United States

Good Law
327 F. Supp. 155·36 Cal. Comp. Cases 911·1971 U.S. Dist. LEXIS 13236
United States District Court, Northern District of CaliforniaMay 18, 1971Civ. No. 49042California5,271 words

Opinion

lead Opinion

Harris, J.

MEMORANDUM OF DECISION RE LIABILITY

I

Introduction

This is an action brought by the personal representative and executrix of the estate of Francis David Curry. Jurisdiction is in Admiralty and recovery is claimed under the Jones Act ( 46 U.S.C. § 688 ), the Public Vessels Act ( 46 U.S.C. § 781 et seq.), the Suits in Admiralty Act ( 46 U.S.C. § 741 et seq.), the Death on the High Seas Act ( 46 U.S.C. § 761 et seq.), and under General Maritime Law.

The cause came on regularly for trial on and after the 31st day of August, 1970, and continued thereafter for a number of trial days. Oral and documentary evidence was introduced during the course of the trial and the parties filed written briefs at the conclusion thereof. The court duly considered the facts and the law and, following oral argument, the cause was submitted for decision on the issue of liability, reserving the question of the amount of damages for subsequent proceedings and decision as indicated below. Accordingly, the court now files herein its memorandum of decision embracing the findings of fact and conclusions of law on said issue of liability.

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