Cookmeyer v. Louisiana Department of Highways, 29546 Summary Calendar.
| Decision Date | 27 October 1970 |
| Docket Number | No. 29546 Summary Calendar.,29546 Summary Calendar. |
| Citation | 433 F.2d 386 |
| Parties | Eugene N. COOKMEYER, Plaintiff-Appellant, v. LOUISIANA DEPARTMENT OF HIGHWAYS, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Gerald P. Webre, Leonard A. Calcagno, Metairie, La., for plaintiff-appellant.
Philip K. Jones, Norman L. Sisson, Baton Rouge, La., Jesse S. Guillot, New Orleans, La., for defendant-appellee.
Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.
The plaintiff-appellant fell from his motorcycle while crossing a pontoon bridge on a state highway. He sued the state department of highways for injuries thus sustained. The District Court held that it lacked admiralty jurisdiction because the structure was, in fact, a bridge and not a vessel.
The decision of the District Court is reported, 309 F.Supp. 881 (E.D., La., 1970).
We affirm on the published opinion of the court below.
Affirmed.
* Rule 18, 5th Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970, 431 F.2d 409, Part I.
To continue reading
Request your trial
-
Long Island Owner's Ass'n, Inc. v. Davidson
...of the structure at the time the case arises. Cookmeyer v. Louisiana Dep't of Highways, 309 F.Supp. 881, 883 (E.D.La.), aff'd, 433 F.2d 386 (5th Cir.1970); see also Adams v. Harris County, Tex., 452 F.2d 994, 995-96 (5th. Cir.1971) (draw bridge mounted on The character of a bridge very simi......
-
Peytavin v. Government Employees Insurance Company
...and on the Court's earlier opinion in Cookmeyer v. Louisiana Dept. of Highways, 309 F.Supp. 881 (E.D.La.1970), aff'd per curiam 433 F.2d 386 (5th Cir. 1970) holding a motorcycle accident on a bridge not to be within admiralty jurisdiction. The court in the instant case indicated that it was......
-
Dardar v. State of Louisiana, Civ. A. No. 70-174.
...Highways, 430 F.2d 1280 (5th Cir. 1970). Cf. Cookmeyer v. Louisiana Department of Highways, 309 F. Supp. 881 (E.D.La.1970), aff'd 433 F.2d 386 (5th Cir. 1970). 3. The plaintiff, Urbain Dardar, was a seaman or member of the crew of the Goose Bayou ferry since he was more or less permanently ......
-
Royal Ins. Co. of America v. Pier 39 Ltd. Partnership, 83-6298
...not be within the jurisdiction even though the insured-against risk that caused the loss was maritime. Cf. Cookmeyer v. Louisiana Department of Highways, 433 F.2d 386 (5th Cir.1970) (no admiralty tort jurisdiction over injuries suffered on pontoon bridge). Therefore, even if we accept that ......