But the question here is > If you had been on the jury, how would you have decided? <
Not enough information_ He was tried, but was he found guilty?
Was the captain tried for a crime or for a tortuous act?
If a crime, what was he charged with?
If a civil action_ Doctrine of maritime rescue is based on law of negligence, and like other aspects of this law, responsibility is tested by standard of reasonable care.
What duty did the captain have toward his passengers?
And did he breach this duty? When and how did this breach first occur?
And if he did, was such a breach the proximate cause of the weakest being thrown overboard?
Was the captain’s tossing the weakest overboard a negligent act or an intentional act?
How does negligence law work during emergency situations?
‘Respondeat superior’ doctrine. Who else is liable and why?
How about foreseeability? Who is charged with that?
MJ_ is that you in the avatar? Handsome
