Bailey v. Sundberg
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. In Admiralty. Libel in personam for a collision, brought by George Bailey and others against John P. Sundberg, as master of the steam-ship Newport. The libel was dismissed in the district court, (see 43 Fed. Rep. 81 and 44 Fed. Rep. 809,) which decision was affirmed in the circuit court. Libelants appeal.
1Opinion of the Court
Wallace, Circuit Judge.
This is an appeal from a decree dismissing a libel in personam for collision. The questions presented arise upon the pleadings, and are: (1) Whether a decree in a former suit is res adjudicata in the present suit; and (2) whether the claim of the libelants is stale.
The suit is brought by the owners of the schooner Shaw, and the owner by subrogation of her cargo, against Sundberg, to recover their losses sustained in a collision between, the Shaw and the steam-ship Newport, of which steam-ship Sundberg was master at the time of the collision. The collision took place…
2Cases cited12 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Windsor v. McVeighSupreme Court of the United States · 1876
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Vandewater v. MillsSupreme Court of the United States · 1857
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- Burns Bros. v. The Central R.R. Of New Jersey, No. 42Court of Appeals for the Second Circuit · 1953
- State Ex Rel. v. CollierTennessee Supreme Court · 1930
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