Legal Opinion · Dissent

Logue Stevedoring Corp. v. The Dalzellance. The Grace A. Dalzell. The Lloyd H. Dalzell. The Joseph Alston

Court of Appeals for the Second Circuit

Decided July 9, 1952No. 22326_1Published

1DissentClark, Circuit Judge

This case seems to have bogged down in a welter of procedural technicalities. Latterly, at least, we have more and more reached the merits of admiralty and civil cases alike, through uniformly applying the* civil rules, in both form and spirit, by analogy or comity or common sense. If such a course is actually impossible here, then we have an effective demonstration of a crying need for reform in the admiralty practice. But I am not yet persuaded that the situation has become quite as acute as the opinion herewith tends to suggest.

Cutting through the procedure the case seems a relatively…

2Cases cited15 opinions

  1. Sturgis v. BoyerSupreme Court of the United States · 1860
  2. Moran Towing & Transportation Co. v. Navigazione Libera Triestina, S. A.Court of Appeals for the Second Circuit · 1937
  3. Hughes v. RooseveltCourt of Appeals for the Second Circuit · 1939
  4. Mosher v. Tate the FearlessCourt of Appeals for the Ninth Circuit · 1950
  5. Robins Dry Dock & Repair Co. v. Navigazione Libera Triestina, S. A.New York Court of Appeals · 1933

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