The S. A. McCaulley
District Court, E.D. Pennsylvania
In Admiralty. This was' a petition to limit the liability of certain owners of the steam tug S. A. ilcCaulley. Ifxceptions to the petition were filed, alleging <'' that there was but one suit pending against the petitioners, and, as the súpome court of Pennsylvania had decided that the common pleas court could apply the law limiting the liability of the shipowners, the district court had no jurisdiction to entertain the petition; (2) that the petitioners were barred by…
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In Admiralty. This was' a petition to limit the liability of certain owners of the steam tug S. A. ilcCaulley. Ifxceptions to the petition were filed, alleging <'' that there was but one suit pending against the petitioners, and, as the súpome court of Pennsylvania had decided that the common pleas court could apply the law limiting the liability of the shipowners, the district court had no jurisdiction to entertain the petition; (2) that the petitioners were barred by laches in failing to file their petition until after two years from the date of the accident by which John Lo’ughin lost his…
1Opinion of the Court
McPHERSON, District Judge.
This is an application to limit the liability of certain owners of the tugboat S. A. McCaulley, and I grant the petition because 1 feel obliged to do so. I am unable to regard with favor the course pursued by the petitioners. Being sued in the common pleas of Philadelphia county for a maritime tort alleged to have been committed by the vessel, they refrained for more than two years from asking this court to take jurisdiction of the controversy. The acts of congress allowing vessel owners to limit their liability cover the injury sued for, and a proper petition would,…
2Cases cited3 opinions
- Steamship Co. v. MountSupreme Court of the United States · 1881
- Quinlan v. PewCourt of Appeals for the First Circuit · 1893
- Loughin v. McCaulleySupreme Court of Pennsylvania · 1898
3Cited by11 opinions
- Larsen v. Northland Transportation Co.Supreme Court of the United States · 1934
- The LottaDistrict Court, D. South Carolina · 1907
- In re Eastern Dredging Co.District Court, D. Massachusetts · 1905
- The City of BostonDistrict Court, D. Massachusetts · 1906
- The HoffmansDistrict Court, S.D. New York · 1909
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