Legal Opinion

Quinlan v. Pew

Court of Appeals for the First Circuit

Decided June 1, 1893No. 28PublishedCited by 46 opinions

Appeal from tlie District Court of the United States for the District of Massachusetts. In Admiralty. Petition by Charles H. Pew, John J. Pew, and John K. Dustin, Jr., copartners under the firm name of John Pew & Son, owners' of the schooner Essex, for a limitation of liability in respect to an injury incurred on board the schooner by John Quinlan. There was a decree for petitioners in the court below, and said Quinlan appeals.

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Appeal from tlie District Court of the United States for the District of Massachusetts. In Admiralty. Petition by Charles H. Pew, John J. Pew, and John K. Dustin, Jr., copartners under the firm name of John Pew & Son, owners' of the schooner Essex, for a limitation of liability in respect to an injury incurred on board the schooner by John Quinlan. There was a decree for petitioners in the court below, and said Quinlan appeals. The facts fully appear from the following opinion delivered below by Judge MELSON: This is a petition under Rev. St. § 4283, and the act of June 19, 1880, (24 Stat.…

1Opinion of the Court

PUTNAM, Circuit Judge.

The proceedings in the district court for limiting the liability of the owners of the vessel concerned in this case were based entirely on the claim of Patrick Quinlan, the appellant, who had brought a suit at common law against them for a personal injury alleged to have been caused by a defective dead-eye. While the statute touching this matter does not permit any court of common law to question the proceedings in the district court, the whole record is open to re-examination in this court in all particulars.

The appellant maintains that the case does not meet the…

2Cases cited3 opinions

  1. Providence & New York Steamship Co. v. Hill Manufacturing Co.Supreme Court of the United States · 1883
  2. Butler v. Boston & Savannah Steamship Co.Supreme Court of the United States · 1889
  3. Craig v. Continental InsuranceSupreme Court of the United States · 1891

3Cited by46 opinions

  1. The 84-HCourt of Appeals for the Second Circuit · 1923
  2. 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
  3. Cullen Fuel Co. v. W. E. Hedger, Inc.Supreme Court of the United States · 1933
  4. The RepublicCourt of Appeals for the Second Circuit · 1894
  5. Oregon Ry. & Nav. Co. v. LawtonCourt of Appeals for the Ninth Circuit · 1896

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