In re Oceanic Steam Navigation Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York; Charles M. Hough, Judge. In the matter of the petition of the Oceanic Steam Navigation Company, as owner of the steamship Titanic, for limitation of liability. From an order denying a motion to modify an order, entered in limitation of liability proceedings, restraining the bringing and prosecution of suits, the Long Island Loan & Trust Company, as executor, appeals.
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Appeal from the District Court of the United States for the Southern District of New York; Charles M. Hough, Judge. In the matter of the petition of the Oceanic Steam Navigation Company, as owner of the steamship Titanic, for limitation of liability. From an order denying a motion to modify an order, entered in limitation of liability proceedings, restraining the bringing and prosecution of suits, the Long Island Loan & Trust Company, as executor, appeals. The appellant is executor of the will of Wyckoff Van Derhoef, who lost his" life in the Titanic disaster, and claims to have a cause of…
1Per curiam
No question is made that the appellant will lose its right of action for the death of its decedent, if an action be not commenced within 12 months from the death, viz., before April 15, 1913. There is also no question that it cannot be determined before that time whether the petitioner is entitled to limit its liability under the statute. Therefore, in case it should be determined that the pe-*261titiouer is not entitled to limit its liability, and that the limitation of liability proceedings cannot then be emploj'ed to enforce full liability, the appellant will, by reason of the pending…
2Cited by9 opinions
- In Re Agwi Nav. Co.Court of Appeals for the Second Circuit · 1937
- Petition of Liverpool, Brazil & River Plate Steam Nav. Co.Court of Appeals for the Second Circuit · 1932
- Huasteca Petroleum Co. v. Cia. de Navegacao Lloyd BrasileiroDistrict Court, E.D. New York · 1924
- In re Atlantic Gulf & West Indies S. S. LinesDistrict Court, S.D. New York · 1927
- The ManduDistrict Court, E.D. New York · 1937
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