Legal Opinion

Earn Line S. S. Co. v. Sutherland S. S. Co.

Court of Appeals for the Second Circuit

Decided February 18, 1920No. 114PublishedCited by 49 opinions

Appeal from the District Court of the United States for the Southern District of New York. Libel by the Rarn Dine Steamship Company, Limited, against the steamship Claveresk, her engines, etc., claimed by the Sutherland Steamship Company, Limited, with others impleaded. From a decree dismissing the libel (254 Fed. 126), the libelant appeals.

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Appeal from the District Court of the United States for the Southern District of New York. Libel by the Rarn Dine Steamship Company, Limited, against the steamship Claveresk, her engines, etc., claimed by the Sutherland Steamship Company, Limited, with others impleaded. From a decree dismissing the libel (254 Fed. 126), the libelant appeals. Libelant, a corporation of Pennsylvania, filed this libel in rem against Ihe steamship Claveresk, and in personam against her owner — this respondent and a BiTisli corporation. No seizure of the vessel ever occurred, and the action remains in personam…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). [1, 2] The phra.se amicus curia; means one who gives information to the court on some matter of law in respect of which the court is doubtful (Bouv. Diet., and cases cited); and it is assigned for error that the court below permitted its friend to speak. Such seeking of advice cannot with propriety be called error; the act is the right of the court, existing because it is for the public interest that the men who- happen to be judges shall be well informed in matters of public concern, and the law is always such a matter. That application was made for the…

2Cases cited13 opinions

  1. The Employers'liability CasesSupreme Court of the United States · 1908
  2. The Styria, Scopinich v. MunroeSupreme Court of the United States · 1902
  3. The G. R. BoothSupreme Court of the United States · 1898
  4. The Kronprinzessin CecilieSupreme Court of the United States · 1917
  5. Allanwilde Transport Corp. v. Vacuum Oil Co.Supreme Court of the United States · 1919

8 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Omnia Commercial Co. v. United StatesSupreme Court of the United States · 1923
  2. Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
  3. Banco De Espana v. Federal Reserve Bank of New YorkCourt of Appeals for the Second Circuit · 1940
  4. Bernstein v. Van Heyghen Freres Societe AnonymeCourt of Appeals for the Second Circuit · 1947
  5. Zenith Radio Corp. v. Matsushita Electric Industrial Co.District Court, E.D. Pennsylvania · 1981

44 more not listed; retrieve them via the Exa API.

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