The Student
District Court, D. Maryland
In Admiralty. Libel by Karmier Kruszewski against the steamship Student, and Terminal Shipping Company. On motion to dismiss the libel on the ground that it had abated because of the death of the libelant.
1Opinion of the Court
ROSE, District Judge.
The libelant was a stevedore, and on the 2d day of June, 1916, was engaged in loading the respondent steamship. A slingload of copper fell from the top of the hatch, fractured his skull, and broke several of his ribs. On June 7th, he libeled the steamship for the injury so occasioned. A month later he died, whereupon the steamship moves that the libel be dismissed, because, as it says, “all proceedings under it have abated.”
That was unquestionably the rule of the common law, and there are authorities to the effect that it was the rule of the admiralty. Such was the…
2Cases cited2 opinions
- The Transfer No. 12Court of Appeals for the Second Circuit · 1915
- The City of BelfastDistrict Court, E.D. Pennsylvania · 1905
3Cited by2 opinions
- Yates v. VillainDistrict Court, D. Maryland · 1963
- Chambers v. JustCourt of Appeals for the Fifth Circuit · 1940