The Pampa
District Court, E.D. New York
In Admiralty. Libel by John B. Breymann and another, doing business as George H. Breymann & Bros., owners of the scow B. B. No. 19, 'against the Argentine steamship Pampa and her engines, boilers, tackle, etc. On order to show cause why the vessel should not be released from custody. The Argentine naval transport Pampa was in collision with mud scow B. B. No. 19 on August 11, 1917, off Scotland Lightship.
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In Admiralty. Libel by John B. Breymann and another, doing business as George H. Breymann & Bros., owners of the scow B. B. No. 19, 'against the Argentine steamship Pampa and her engines, boilers, tackle, etc. On order to show cause why the vessel should not be released from custody. The Argentine naval transport Pampa was in collision with mud scow B. B. No. 19 on August 11, 1917, off Scotland Lightship. A libel has been filed in this court against the Pampa in rem, and the vessel has been attached by the marshal of this court, pursuant to the prayer of the libel. On August 27, 1917, upon…
1Opinion of the CourtVeeder, District Judge
(after stating the facts as above). Upon the facts stipulated the uniform course of authority requires the release of this vessel. The Parlement Belge, 5 P. D. 197; The Constitution, 4 P. D. 39; The Exchange, 7 Cranch, 116, 3 L. Ed. 287; Workman v. New York City, 179 U. S. 552, 566-570, 21 Sup. Ct. 212, 45 L. Ed. 314; Tucker v. Alexandroff, 183 U. S. 424, 440-46, 22 Sup. Ct. 195, 46 L. Ed. 264. I adopt as a statement of the controlling principle what was said by the Circuit Court of Appeals for the Fourth. Circuit in the recent case of The Attualita, 238 Fed. 909, 911, 152 C. C. A. 43, 45:
“For…
2Cases cited4 opinions
- Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
- Workman v. New York CitySupreme Court of the United States · 1900
- Tucker v. AlexandroffSupreme Court of the United States · 1902
- The AttualitaCourt of Appeals for the Fourth Circuit · 1916
3Cited by3 opinions
- The Carlo PomaCourt of Appeals for the Second Circuit · 1919
- The MaipoDistrict Court, S.D. New York · 1918
- The PesaroDistrict Court, S.D. New York · 1926