Geotechnical Corp. v. Pure Oil Co. - United States Court Of Appeals Fifth Circuit.

Geotechnical Corp. v. Pure Oil Co.

By United States Court Of Appeals Fifth Circuit.

  • Release Date - Published: 1952-04-15
  • Book Genre: Law
  • Author: United States Court Of Appeals Fifth Circuit.
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Geotechnical Corp. v. Pure Oil Co. United States Court Of Appeals Fifth Circuit. read online review & book description:

The Pure Oil Company, which for brevity will be called Pure, brought a libel in personam against Geotechnical Corporation of Delaware, referred to as "Geotech," to recover for the loss of Pures motor vessel Leo Huff while in use by Geotech in seismographic blasting operations in search of oil deposits off the coast of Louisiana in the Gulf of Mexico. Negligence on the part of employees of Geotech in exploding a charge of dynamite which sank the Huff is asserted. Geotech denies negligence; and specially claims that Pure parted with any right of recovery it might have had by filing a proceeding to limit its own liability on claims against Pure arising out of the explosion; that there was a parol contract of mutual release of liability for loss of or damage to equipment of each other in the work; and that Pure was violating the law in having dynamite on the deck of the Huff, and this fault contributed to the loss and defeats recovery. The administrator of Lawrence Adam Pizzo intervened, over objection, to assert a claim against Geotech under the Jones Act, 46 U.S.C.A. § 688, or Death on the High Seas Act, 46 U.S.C.A. § 761 et seq., for the negligent killing of Pizzo, employee of Geotech who was aiding in the blasting. An interlocutory decree was rendered in favor of Pure, damages to be fixed later, and Geotech appeals. A recovery was denied for the killing of Pizzo and his administrator also appeals.

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