The Pennsylvania Railroad Company v. United States

CLARK, Chief Judge.

The plaintiff’s barge was damaged while in the possession of the defendant under a contract of maritime bailment which did not give rise to a maritime lien so as to support the filing of a libel in rem. Almost four years later the plaintiff brought an action in the court below for the damages, relying on the Tucker Act, where the statute of limitations, 28 U.S.C. § 2401, is six years. After issue was joined the defendant moved for judgment on the pleadings on the ground that the claim was barred under the two-year limitation of the Suits in Admiralty Act, 46 U.S.C. §§…