Legal Opinion

Warner v. Buffalo Drydock Co.

Court of Appeals for the Second Circuit

Decided November 6, 1933No. 55PublishedCited by 26 opinions

1Opinion of the Court

AUGUSTUS N. HAND,

Circuit Judge (after stating the facts as above).

This appeal raises two questions. The first is whether the decree in the former suit in admiralty that dismissed a libel because of laches, which was founded upon the very cause of action asserted here, is a bar to the present action. The second is whether, in case the decree in admiralty be not a bar, the plaintiffs offered sufficient proof of defendant’s negligence for submission to the jury.

The Effect of the Decree in Admiralty.

The Ohio statute of limitations, which the court of admiralty held to be a bar to the cause of…

2Cases cited15 opinions

  1. Campbell v. HoltSupreme Court of the United States · 1885
  2. McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
  3. United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
  4. Lightfoot v. . DavisNew York Court of Appeals · 1910
  5. Robert Y. Brent, Surviving of Robert Brent, Use of the United States v. The President and Directors of the Bank of WashingtonSupreme Court of the United States · 1836

10 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Hartmann v. Time, Inc.Court of Appeals for the Third Circuit · 1948
  2. Barbara B. Sack v. V. T. Low, Doing Business as a Partnership Under the Name of Bear, Stearns & Co., and Richard W. SilvermanCourt of Appeals for the Second Circuit · 1973
  3. Western Coal & Mining Co. v. JonesCalifornia Supreme Court · 1946
  4. Kenneth M. Henson, Plaintiff-Appellant-Cross v. Columbus Bank and Trust Company, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1981
  5. Taylor v. New York City Transit AuthorityDistrict Court, E.D. New York · 1970

21 more not listed; retrieve them via the Exa API.

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