The Milwaukee Bridge
District Court, S.D. New York
In Admiralty. Libel by Warner Moore and others against the steamship Milwaukee Bridge, in which the United States appeared as claimant and filed petition under the fifty-sixth admiralty rule, bringing in the respondents named therein as eventually liable. On exceptions by the respondents to the petition. Sur exceptions by the respondents to a petition under the fifty-sixth admiralty rule (267 Fed. xxi) bringing in such respondents as eventually liable.
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In Admiralty. Libel by Warner Moore and others against the steamship Milwaukee Bridge, in which the United States appeared as claimant and filed petition under the fifty-sixth admiralty rule, bringing in the respondents named therein as eventually liable. On exceptions by the respondents to the petition. Sur exceptions by the respondents to a petition under the fifty-sixth admiralty rule (267 Fed. xxi) bringing in such respondents as eventually liable. The libel was against a ship owned by the United States for damage to a parcel of flour shipped from Newport News to Pernambuco, Brazil. It…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1, 2] The exception based on the claimant’s answer is not good. The fact that the defense, if true, would leave no cause of action against the respondents, is irrelevant. The claimant may not be able-to sustain the defense, though it of course hopes to be able to do so. If it fails in the defense, it will be subject to a decree, and yet the eventual fault in the discharge may be the respondents’. It is against this possibility that it needs the protection of the petition. The mere allegation of the answer does not, of course, conclude'the libelant, who may…
2Cases cited3 opinions
- Mygatt v. KnappDistrict Court, E.D. Wisconsin · 1889
- Florez v. The ScotiaDistrict Court, S.D. New York · 1888
- The Hattie M. BainDistrict Court, S.D. New York · 1884
3Cited by6 opinions
- Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
- Marubeni-Iida (America), Inc. v. Nippon Yusen KaishaDistrict Court, S.D. New York · 1962
- Holmes v. Crowell & Thurlow S. S. Co.District Court, W.D. Washington · 1924
- Cory Bros. & Co. v. United StatesDistrict Court, S.D. New York · 1930
- Tanker Hygrade No. 10, Inc. v. FidelityDistrict Court, S.D. New York · 1942
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