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This section contains the nature of the case and procedural background.

Ps were members of the crew of D's tanker which was docked at D's refinery at Pointe-a-Pierre on the island of Trinidad. Both fell ill and it was determined that they would be unable to continue the voyage. Under federal law, to discharge an incapacitated seamen in a foreign port, they must be taken to a United States Consul where arrangements for a return to the United States can be made. The United States Consul's Office was located some 38 miles distant. D had a fleet of motor vehicles used for transportation in the immediate vicinity of the refinery and docking area. D's practice was to utilize local taxi companies for journeys to more distant points. The ship's Master procured a cab which set out with the two ill seamen. The taxi collided with a truck, killing the Master and one of the seamen; the other seaman was seriously injured. Ps sued D. The jury found that the taxi driver had been negligent. The Court of Appeals reversed. Ps appealed.

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