Legal Opinion
International Milling Company v. Brown Steamship Company, Great Lakes Towing Company, Wayne Steamship Co., Inc.
Court of Appeals for the Second Circuit
Decided March 17, 1959No. 34, Docket 25131PublishedCited by 3 opinions
1Opinion of the Court
HAND, Circuit Judge.
The libellant has filed a petition for rehearing, asking us to decide whether the ship “McAlpine” was liable to the libellant for the injury to the “legs” of the elevator, while the “Gallagher” and the “Oklahoma” were passing. We concluded our opinion of November 18, 1958 (2 Cir., 261 F.2d 133), by refusing to consider that question under the ancient doctrine that an appeal in admiralty is a trial de novo, not only because the libellant did not appeal, but also because its brief as an appellee had not raised any objection to the dismissal of its complaint against that…
2Cases cited3 opinions
- Reid v. FargoSupreme Court of the United States · 1916
- Bleakley Transportation Co. v. Colonial Sand & Stone Co.Court of Appeals for the Second Circuit · 1957
- The International Milling Company v. Brown Steamship Company, the Great Lakes Towing Company, the Wayne Steamship Co., Inc.Court of Appeals for the Second Circuit · 1958
3Cited by3 opinions
- Petitions of the Kinsman Transit Company, as Owner and Operator of the Steamer MacGilvray Shiras, and of Midland Steamship Line, Inc., as Owner and Operator of the Steamer Michael K. Tewksbury, Their Engines, Etc., for Exoneration From or Limitation of Liability, City of Buffalo, Claimant-Respondent-Appellant, Kelley Island New York Corporation, Claimants-AppelleesCourt of Appeals for the Second Circuit · 1964
- In re Kinsman Transit Co.Court of Appeals for the Second Circuit · 1964
- Canadian Pacific Railway Co., a Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1959