The John H. Starin
District Court, E.D. New York
In Admiralty. Petition by John II. Starin (and by substitution by-Howard Carroll, Harriet M. Spraker, and Walter J. Peck, executors of the last will of John Ii. Starin, deceased), as sole owner of the steamer John H. Starin, for limitation of liability. On motion by claimants for leave to strike out an affirmative defense pleaded in their answers.
1Opinion of the Court
CHATFIELD, District Judge.
The petitioner, having pleaded freedom from negligence as the basis of a claim for limiting liability, previously took exception to a defense charging negligence because of the unseaworthiness, etc., of the vessel which, was injured. This court, in an opinion filed November 9, 1909 (173 Fed. 721), held that the exceptions were well taken, and directed the claimants to specify the particulars upon which they based their charge of negligence. The claimants, in an affidavit verified by their proctor, now state that it will be impossible for them to comply with the order…
2Cases cited1 opinion
- In re StarinDistrict Court, E.D. New York · 1909
3Cited by1 opinion
- In re Companhia de Navegacao Lloyd BrasileiroDistrict Court, E.D. Louisiana · 1925