The Anaces
Court of Appeals for the Fourth Circuit
. Appeal from the District Court of the United States for the Eastern District, of North Carolina. This is a libel in rem in admiralty instituted by McCollum, the appellant, against the British steamship Anaces to recover damages.for injuries received by the libelant while working, as a stevedore, stowing cotton in the hold of the steamship.
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. Appeal from the District Court of the United States for the Eastern District, of North Carolina. This is a libel in rem in admiralty instituted by McCollum, the appellant, against the British steamship Anaces to recover damages.for injuries received by the libelant while working, as a stevedore, stowing cotton in the hold of the steamship. The case stated by the libelant is that, while he was at work in the hold, several bales of cotton were suddenly dropped upon him; that he w¿s one of a number of stevedores employed by a master stevedore who had a contract to load the ship; that it was…
1Opinion of the CourtMorris, District Judge
(after stating the facts as above). The district judge held that the only reihedy in admiralty for a personal injury to one lawfully upon the ship, resulting from the negligent failure of the officers of the ship to perform a duty necessary for his safety, is by libel in personam, and that a libel in rem cannot be maintained.
Admiralty rule 23 provides that:
“All libels in instance causes, civil or maritime, shall state the nature of the cause; as. for example, that it is a cause, civil and maritime, of contract, or of tort or damage, or of salvage, or of possession or otherwise, as the case…
2Cases cited36 opinions
- Norwich Co. v. WrightSupreme Court of the United States · 1872
- The Max MorrisSupreme Court of the United States · 1890
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- The ChinaSupreme Court of the United States · 1869
- The John G. StevensSupreme Court of the United States · 1898
31 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- STATE OF CALIFORNIA, BY AND THROUGH DEPARTMENT OF FISH AND GAME v. SS BournemouthDistrict Court, C.D. California · 1969
- Robert C. Usher Kristi K. Usher v. M/v Ocean Wave, Her Engines, Tackle, Furnishings, Etc., in RemCourt of Appeals for the Ninth Circuit · 1994
- Campbell v. H. Hackfeld & Co.Court of Appeals for the Ninth Circuit · 1903
- The State of MarylandCourt of Appeals for the Fourth Circuit · 1936
- Burrell v. FlemingCourt of Appeals for the Fifth Circuit · 1901
11 more not listed; retrieve them via the Exa API.