Pouppirt v. Elder Dempster Shipping, Ltd.
District Court, E.D. Virginia
In Admiralty. Libel in personam to recover damages against the respondent corporation, owners of the British steamship Montenegro, for personal injuries received by libelant, a passenger on said steamer, and in which action a foreign attachment was issued, and levied upon respondent’s ship.
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In Admiralty. Libel in personam to recover damages against the respondent corporation, owners of the British steamship Montenegro, for personal injuries received by libelant, a passenger on said steamer, and in which action a foreign attachment was issued, and levied upon respondent’s ship. The facts in the case are briefly these: The steamship Montenegro was, in the fall of-1901, under charter by the British government to carry a cargo of mules from the port of New Orleans to the ports of Cape Town or Durban, South Africa. The libelant was a veterinary surgeon, of Leavenworth, Kan., employed…
1Opinion of the CourtWaddill, District Judge
(after stating the facts as above). The vice in the legal position thus taken by proctors for respondent is patent, and grows out of their treating this case, where the tort sued for was committed upon the high seas, as if committed upon a British ship, exclusively within the British jurisdiction, and between British subjects. The position is possibly a correct one in cases of torts so *985committed. But it has no application to a case like this, brought to recover for injuries sustained by an American passenger on board of a foreign ship on the high seas. The fallacy of respondent’s position is…
2Cases cited28 opinions
- The HarrisburgSupreme Court of the United States · 1886
- James L. v. CarrylSupreme Court of the United States · 1858
- The BelgenlandSupreme Court of the United States · 1885
- The " Scotland"Supreme Court of the United States · 1882
- De Lovio v. BoitU.S. Circuit Court for the District of Massachusetts · 1815
23 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hoof v. Pacific American FisheriesDistrict Court, W.D. Washington · 1922
- The Empress of ScotlandDistrict Court, S.D. New York · 1926
- Rosasco v. ThompsonDistrict Court, S.D. Alabama · 1917
- Morgan v. Oceanic Steam Navigation Co.City of New York Municipal Court · 1927