Legal Opinion

Munson S. S. Line v. Miramar S. S. Co.

Court of Appeals for the Second Circuit

Decided February 23, 1909No. 102PublishedCited by 25 opinions

’ Appeal from the District Court of the United States for the Southern District of New York. For opinion below, see 166 Fed. 722.

1Opinion of the Court

WARD, Circuit Judge.

In this case we lately affirmed (166 Fed. 722) the decree of the court below, saying at the same time that, although the District Judge did not allow the libelant, appellee, as much as he was entitled to receive, he could not complain because he had not appealed. He now moves that we modify this decision on the ground that, an appeal in admiralty being a new trial, it makes no difference that he did not appeal. Irvine v. Hesper, 122 U. S. 256, 7 Sup. Ct. 1177, 30 L. Ed. 1175. In that case the District Court awarded $8,000 salvage to the libelants, who appealed to the…

2Cases cited46 opinions

  1. The Paquete HabanaSupreme Court of the United States · 1899
  2. Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
  3. The CamancheSupreme Court of the United States · 1869
  4. Canter v. American InsuranceSupreme Court of the United States · 1830
  5. The QuickstepSupreme Court of the United States · 1870

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3Cited by25 opinions

  1. Langnes v. GreenSupreme Court of the United States · 1931
  2. Standard Oil Co. of NJ v. Southern Pacific Co.Supreme Court of the United States · 1925
  3. Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
  4. Brooklyn Eastern District Terminal v. United StatesSupreme Court of the United States · 1932
  5. The Ernest H. MeyerCourt of Appeals for the Ninth Circuit · 1936

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