The Windrush
Court of Appeals for the Second Circuit
Appeal from, the District Court of the United States for the Eastern District of New York. Suits in admiralty by John Hardy and others against the bark en-tine Windrush, the Shepard & Morse Lumber Company, claimant, and by Paul Neilson and others against the sailing ship Rhine, the -Rhine Shipping Company, claimant. Decree for libelants in each case, and claimants' appeal.
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Appeal from, the District Court of the United States for the Eastern District of New York. Suits in admiralty by John Hardy and others against the bark en-tine Windrush, the Shepard & Morse Lumber Company, claimant, and by Paul Neilson and others against the sailing ship Rhine, the -Rhine Shipping Company, claimant. Decree for libelants in each case, and claimants' appeal. Both the craft named are vessels of the United States, within the meaning of that phrase as used in the statutes affecting ships and seamen. In 1906 both were at Buenos Ayres, the Windrush in May and the Rhine in October;…
1DissentLearned Hand, District Judge
If section 10 (a) had'not been amended in the clause here in question, I should have felt bound by the construction which Judge Brown had put upon it in The State of Maine (D. C.) 22 Fed. 734, under the well-settled rule that a prior accepted interpretation of the statute is incorporated into its re-enactment. Moreover, I think that Judge Brown’s decision was certainly right at the time he made it. His fourth reason for excluding American ships from the operation of the statute while in foreign ports seems to me to be unanswerable. The statute did not discriminate, as he says, between foreign…
2Cases cited2 opinions
- Patterson v. Bark EudoraSupreme Court of the United States · 1903
- The State of MaineDistrict Court, S.D. New York · 1884