The Persiana
District Court, S.D. New York
In Admiralty. On the final hearing of this action in admiralty, brought to recover for damage to cargo laden upon the steamship, it appeared that the injury arose from one of the causes excepted in the bill of lading. Libelant having rested, claimant moved to dismiss on the ground that libelant had not affirmatively shown that the injury was caused by the ship’s negligence. This motion was denied t at the close of the court’s morning session.
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In Admiralty. On the final hearing of this action in admiralty, brought to recover for damage to cargo laden upon the steamship, it appeared that the injury arose from one of the causes excepted in the bill of lading. Libelant having rested, claimant moved to dismiss on the ground that libelant had not affirmatively shown that the injury was caused by the ship’s negligence. This motion was denied t at the close of the court’s morning session. At the opening of court in the afternoon claimant rested without offering evidence; and thereupon the cause was. fully argued by counsel. At the close…
1Opinion of the Court
HOUGH, District Judge.
It - has been the uniform practice of this court not to entertain motions to dismiss at the close of libelant’s case, unless the claimant or respondent also rests. If the party defendant considers that any testimony is necessary to overcome that offered by libelant, it should be produced, and the court not asked to dispose of the litigation before all the testimony is submitted.
Libelant’s motion - to reopen and introduce in evidence claimant’s depositions must be denied. He could have offered these depositions as part of his own case, but did not choose to do so. He was…
2Cited by9 opinions
- Hunt v. United StatesDistrict Court, S.D. New York · 1936
- The SuduffcoDistrict Court, S.D. New York · 1929
- United States v. MillerDistrict Court, S.D. Georgia · 1915
- Villain & Fassio E Compagnia Internazionale Di Genova Societa Riunite Di Navigazione v. the Tank Steamer E. W. SinclairDistrict Court, S.D. New York · 1962
- Brooks v. United StatesDistrict Court, E.D. Virginia · 1944
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