Legal Opinion

The Dwinsk

District Court, S.D. New York

Decided August 9, 1915PublishedCited by 4 opinions

In Admiralty. Suit by Bernard McLain against the steamship Dwinsk and steam tug Energetic. On appeal from clerk’s taxation of costs.

1Opinion of the Court

AUGUSTUS N. HAND, District Judge.

Section 824 of the Re-_ vised Statutes allows “on a final hearing in equity and admiralty, a docket fee of twenty (20) dollars. * * * ” In this case, by consent, an interlocutory decree in admiralty was entered, and the damages for a collision afterwards agreed upon. There was no proof offered of any kind. I think the case falls within the principles laid down by Mr. Justice Blatchford in the case of Wooster v. Handy (C. C.) 23 Fed. 49. The test he adopted was practically that the hearing must be upon the merits, and that the decree must not follow as a matter…

2Cases cited4 opinions

  1. Wooster v. HandyU.S. Circuit Court for the District of Southern New York · 1885
  2. Coy v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1882
  3. Kaempfer v. TaylorU.S. Circuit Court for the District of Connecticut · 1897
  4. Merritt & Chapman Derrick & Wrecking Co. v. Catskill & N. Y. Steamboat Co.District Court, S.D. New York · 1901

3Cited by4 opinions

  1. Peerless Light Co. v. LevitonDistrict Court, S.D. New York · 1916
  2. The CarniaDistrict Court, S.D. New York · 1932
  3. Warner v. Liquid Carbonic Co.District Court, N.D. Georgia · 1921
  4. The RondoDistrict Court, E.D. New York · 1936

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