Thomassen v. Whitwell
District Court, E.D. New York
[This was a libel in personam by Jens Thomassen and Julius Smith, owners of the Norwegian bark Daphne, against Mark Whitwell & Co., owners of the British steamship Great Western, for damages on account of collision. The case was first heard upon application to dismiss for want of jurisdiction on account of all parties being aliens. The application was denied.
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[This was a libel in personam by Jens Thomassen and Julius Smith, owners of the Norwegian bark Daphne, against Mark Whitwell & Co., owners of the British steamship Great Western, for damages on account of collision. The case was first heard upon application to dismiss for want of jurisdiction on account of all parties being aliens. The application was denied. Case No. 13.928. The respondents claimed, upon hearing, a right to exemption from personal liability upon abandonment- of ship and freight. This was denied by the court upon the ground that they had parted with all title to the vessel…
1Opinion of the Court
BENEDICT. District Judge.
This case comes before the court upon an application for leave to file an amended answer and to have the cause retried.
The action is brought to recover damages for a collision that occurred on the high seas between two foreign vessels. It has already proceeded to a hearing upon pleadings and proofs, and a decree has been rendered whereby it was adjudged that the libellant is entitled to recover of the defendant the amount of damages caused by the collision in the pleadings .mentioned, and it was ordered that a reference be had before a com*1010missioner, to ascertain and…
2Cases cited1 opinion
- Thommasen v. WhitwillU.S. Circuit Court for the District of Eastern New York · 1882
3Cited by1 opinion
- The Frederick Der GrosseDistrict Court, S.D. New York · 1929