In re P. Sanford Ross, Inc.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York; Thomas I. Chatfield, Judge. Proceedings in admiralty by 1’. Sanford Ross, Incorporated, for limitation of liability. From a decree granting such limitation, Ida Wend-elin, administratrix of Frithof Wendelin, deceased, appeals.
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Appeal from the District Court of the United States for the Eastern District of New York; Thomas I. Chatfield, Judge. Proceedings in admiralty by 1’. Sanford Ross, Incorporated, for limitation of liability. From a decree granting such limitation, Ida Wend-elin, administratrix of Frithof Wendelin, deceased, appeals. The claimant’s intestate was employed upon the pile driver belonging to tile petitioner, which is a corporation, and while so employed received injuries from which he died. The claimant brought a common law action against the petitioner to recover damages for negligence causing the…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). In considering this case it may be unnecessary to determine whether the pile driver, under all the circumstances, came within the limitation of liability statutes. If the statute applied and yet the accident occurred through fault within its privity or knowledge, the petitioner is not entitled to benefit by it. The determination of the question of privity' or knowledge may be decisive.
[1] The petitioner might have applied to limit its liability as soon as the claim in question arose and thus have brought all the issues into the District Court. It did hot…
2Cases cited3 opinions
- In re Jeremiah Smith & Sons, Inc.Court of Appeals for the Second Circuit · 1911
- In re Old Dominion S. S. Co.District Court, E.D. North Carolina · 1902
- The Capt. JackDistrict Court, D. Connecticut · 1909
3Cited by40 opinions
- Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co.Supreme Court of the United States · 1995
- Great Atlantic & Pacific Tea Co. v. BrasileiroCourt of Appeals for the Second Circuit · 1947
- Waterman Steamship Corporation v. Gay Cottons, United States of America and Shalom Baby WearCourt of Appeals for the Ninth Circuit · 1969
- Eastern S. S. Corp. v. Great Lakes Dredge & Dock Co.Court of Appeals for the First Circuit · 1919
- Hellenic Inc. v. Bridgeline Gas Distribution LLCCourt of Appeals for the Fifth Circuit · 2001
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