Legal Opinion

In re Davidson S. S. Co.

District Court, E.D. Wisconsin

Decided November 22, 1904PublishedCited by 17 opinions

In Admiralty. On (1) exceptions to the answer of the Ohio Transportation Co. to the petition, and (2) exceptions to the claim filed on behalf of that company as owner of the Steamer Gladstone, and of the representatives of her cargo.

1Opinion of the Court

SEAMAN, District Judge.

While the exceptions are independent in classification, both involve a primary question of the rule of pleading applicable to the issues respectively. In that view they are considered together, and the inquiry thereupon is not free from difficulty, owing to the want of clear precedents. My conclusions are, ‘ however, that the petition and answer on the one hand and the claims of damages on the other present distinct issues, which are to be separately adjudicated in the order named, as indicated by the opinion of -Judge Brown in La *412Bourgogne (D. C.) 106 Fed. 232, 233.…

2Cases cited4 opinions

  1. Commander-In-ChiefSupreme Court of the United States · 1864
  2. Clarke v. The Dodge HealyU.S. Circuit Court for the District of Eastern Pennsylvania · 1827
  3. La BourgogneDistrict Court, S.D. New York · 1900
  4. Virginia Home Ins. v. SundbergU.S. Circuit Court for the District of Southern New York · 1893

3Cited by17 opinions

  1. The S. S. HewittDistrict Court, S.D. New York · 1922
  2. The John H. StarinCourt of Appeals for the Second Circuit · 1911
  3. The Princess SophiaDistrict Court, W.D. Washington · 1929
  4. The Princess SophiaDistrict Court, W.D. Washington · 1929
  5. The YankeeDistrict Court, E.D. New York · 1941

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