SmartBrief
Confirm favorite deletion?
Admiralty Law Keyed to Maraist
Southern Pacific Company v. Jensen
Citation:
244 U.S. 205 (1917)Facts
Christen Jensen was employed by the Southern Pacific Company as a stevedore. On August 15, 1914, he was operating a small electric freight truck, loading and unloading cargo from the steamship El Oriente, which was docked at Pier 49 on the North River in New York. The vessel was about 10 feet from the pier. While driving his truck loaded with lumber out of the ship onto a gangway connecting the vessel to the pier, the truck became jammed against guide pieces on the gangway. Jensen reversed the truck at full speed back into the hatchway, but failed to lower his head. His head struck the ship, causing his neck to break, resulting in his death. Jensen’s widow filed a claim with the New York Workmen’s Compensation Commission, which awarded compensation to her and their two children.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.