Legal Opinion

The Windrush

Court of Appeals for the Second Circuit

Decided February 14, 1918No. Nos. 160, 161Published

Appeal from, the District Court of the United States for the Eastern District of New York. Suits in admiralty by John Hardy and others against the bark en-tine Windrush, the Shepard & Morse Lumber Company, claimant, and by Paul Neilson and others against the sailing ship Rhine, the -Rhine Shipping Company, claimant. Decree for libelants in each case, and claimants' appeal.

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Appeal from, the District Court of the United States for the Eastern District of New York. Suits in admiralty by John Hardy and others against the bark en-tine Windrush, the Shepard & Morse Lumber Company, claimant, and by Paul Neilson and others against the sailing ship Rhine, the -Rhine Shipping Company, claimant. Decree for libelants in each case, and claimants' appeal. Both the craft named are vessels of the United States, within the meaning of that phrase as used in the statutes affecting ships and seamen. In 1906 both were at Buenos Ayres, the Windrush in May and the Rhine in October;…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). [1] The facts of these cases are in all material aspects those recited in The State of Maine (D. C.) 22 Fed. 734. Judge Addison Brown there gave judgment as to whether the then seamen’s statute, commonly known as the Dingley Act (Act June 26, 1884, 23 Stat. 55), entitled libelants such as these to a recovery; the present question is whether (assuming the correctness of the decision cited) more recent legislation, commonly known as the La Eollette Act (Act March 4, 1915, 38 Stat. 1168), requires a different ruling.

The material words of the statutes may be…

2Cases cited12 opinions

  1. American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
  2. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
  3. Patterson v. Bark EudoraSupreme Court of the United States · 1903
  4. United States v. Cerecedo Hermanos Y CompañiaSupreme Court of the United States · 1908
  5. Wildenhus's CaseSupreme Court of the United States · 1887

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