Short v. The Columbia
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon. ' This was a petition by the Oregon Railway & Navigation Company and the Oregon Short Line & Utah Northern Railway Company for a limitation of liability in respect to damages occasioned by the wrecking of the barge Columbia.
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Appeal from the District Court of the United States for the District of Oregon. ' This was a petition by the Oregon Railway & Navigation Company and the Oregon Short Line & Utah Northern Railway Company for a limitation of liability in respect to damages occasioned by the wrecking of the barge Columbia. Various parties hied claims for damages, and the district court rendered a decree limiting the liability of the owners to the amount of $100. From this decree some of the parties took an appeal, which, on May 6, 1895, on motion of the appellees, was dismissed. See 15 C. O. A. 91, 67 Fed. 942.…
1Opinion of the Court
ROSS, Circuit Judge.
The motion to dismiss the appeal is first to he disposed of. The contention in support of this motion, which was sustained by this court on the former hearing of this cause, is based upon the theory that the decree entered in the court below is a joint decree, in which all of the respondents there have a common interest, and that, as two of them, namely, William Boyce and Anna C. Larson, did not join in the apx>eal, and no request was made of them to join therein, and no order of severance was made by the court below, and no notice of appeal was served on them, the appeal…
2Cases cited13 opinions
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- Providence & New York Steamship Co. v. Hill Manufacturing Co.Supreme Court of the United States · 1883
- Sturgis v. BoyerSupreme Court of the United States · 1860
- Oliver v. AlexanderSupreme Court of the United States · 1832
- Penhallow v. Doane's AdministratorsSupreme Court of the United States · 1795
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3Cited by62 opinions
- Sacramento Navigation Co. v. SalzSupreme Court of the United States · 1927
- Brown & Root Marine Operators, Inc. And Brown & Root, Inc., Successor to Brown & Root Marine Operators, Inc. v. Zapata Off-Shore CompanyCourt of Appeals for the Fifth Circuit · 1967
- The W. G. MasonCourt of Appeals for the Second Circuit · 1905
- Standard Dredging Co. v. KristiansenCourt of Appeals for the Second Circuit · 1933
- Thompson Towing & Wrecking Ass'n v. McGregorCourt of Appeals for the Sixth Circuit · 1913
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