City of Paris
District Court, E.D. New York
This case came before the court upon a petition presented under the following circumstances: The libel was filed by Henry P. Simmons and other owners of the schooner Percy Heilner, to recover of the owners of the steamer City of Paris the damages arising out of a collision which occurred in the harbor of New York, on the 14th day of April, 1866, and averred that it was filed “in behalf of the libellants and all parties having a common right of action arising out of the…
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This case came before the court upon a petition presented under the following circumstances: The libel was filed by Henry P. Simmons and other owners of the schooner Percy Heilner, to recover of the owners of the steamer City of Paris the damages arising out of a collision which occurred in the harbor of New York, on the 14th day of April, 1866, and averred that it was filed “in behalf of the libellants and all parties having a common right of action arising out of the collision hereinafter mentioned, who may intervene as co-libellants or otherwise.” It also set out the amount and value of…
1Opinion of the Court
BENEDICT, District Judge.
In actions of damage, where there are claims for injury to both vessel and cargo, the more usual, and, as heretofore ■ generally considered, the better practice, has been to bring separate actions in behalf of the various parties entitled to recover, which actions are directed to be heard together upon the question of liability for the collision, separate decrees being rendered, and, in case of recovery, separate references ordered. Such is also the practice in the English admiralty, although there it is usual to formally consolidate the actions for the purpose of the…
2Cited by1 opinion
- City of New YorkDistrict Court, S.D. New York · 1885