Shipowners' & Merchants' Tugboat Co. v. Hammond Lumber Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court for the First Division of the United States for the Northern District of California; Maurice T. Dooling, Judge. In the matter of the petition of the Shipowners’ & Merchants’ Tugboat Company, owner of, the tugs Dauntless and Hercules, for limitation of liability; the Hammond Dumber Company, damage claimant. From a decree dismissing the petition, petitioner appeals.
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Appeal from the District Court for the First Division of the United States for the Northern District of California; Maurice T. Dooling, Judge. In the matter of the petition of the Shipowners’ & Merchants’ Tugboat Company, owner of, the tugs Dauntless and Hercules, for limitation of liability; the Hammond Dumber Company, damage claimant. From a decree dismissing the petition, petitioner appeals. The appellant filed in the court below its petition for a limitation of liability, and alleged therein that it was the owner of the steam tugs Dauntless and Hercules; that on September 9, 1911, the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). In the court below the motion to dismiss was based on two grounds: (1) That only one claim was made against the tugs; and (2) that the amount thereof was much less than the appraised value of the tugs, and that for those reasons there was no occasion for limitation of liability, and no reason for depriving the claimant of its common-law remedy of trial by jury. On the latter ground the motion was allowed. The decision in White v. Island Transportation Co., 233 U. S. 346, 34 Sup. Ct. 589, 58 L. Ed. 993, may be accepted as establishing the rule that the…
2Cases cited6 opinions
- Short v. The ColumbiaCourt of Appeals for the Ninth Circuit · 1896
- The W. G. MasonCourt of Appeals for the Second Circuit · 1905
- Thompson Towing & Wrecking Ass'n v. McGregorCourt of Appeals for the Sixth Circuit · 1913
- White v. Island Transportation Co.Supreme Court of the United States · 1914
- The AnthraciteCourt of Appeals for the Second Circuit · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Henjes v. Aetna Ins. Co.Court of Appeals for the Second Circuit · 1943
- The Erie Lighter 108District Court, D. New Jersey · 1918
- The AquitaniaCourt of Appeals for the Second Circuit · 1927
- The AquitaniaDistrict Court, S.D. New York · 1926
- Wood Towing Corp. v. Southern Transp. Co.Court of Appeals for the Fourth Circuit · 1930
7 more not listed; retrieve them via the Exa API.