The Florida
District Court, S.D. New York
In Admiralty. In the matter of petition of the Floyd Italiano So-cieta di Navigazione, as owner of the steamship Florida, for limitation of liability. On motion by the United States for an order giving preference to its claim for cargo lost in collision. As the result of collision on the high seas between the Italian steamship Florida and the British steamship Republic, the latter vessel became a total loss.
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In Admiralty. In the matter of petition of the Floyd Italiano So-cieta di Navigazione, as owner of the steamship Florida, for limitation of liability. On motion by the United States for an order giving preference to its claim for cargo lost in collision. As the result of collision on the high seas between the Italian steamship Florida and the British steamship Republic, the latter vessel became a total loss. The Florida, though much injured, came into this port and began the above-entitled proceeding for limitation of liability pursuant to U. S. Revised Statutes, § 4283 et seq. (U. S. Comp.…
1Opinion of the CourtHough, District Judge
(after stating the facts as above). There are at least two reasons in my judgment for denying this motion. The first arises from a very broad and universally acknowledged proposition of law which in its application to this case is new. The second is based upon the peculiar nature of this proceeding, and the effect thereof upon any person or corporation, including the sovereign, who chooses to come into it.
*335[1] That “nullum tempus occurrit regi” is a maxim neither'disputed nor disputable in its application either to a monarch or to the sovereignty of the people as embodied in any form of…
2Cases cited6 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- The John G. StevensSupreme Court of the United States · 1898
- Butler v. Boston & Savannah Steamship Co.Supreme Court of the United States · 1889
- Fink v. O'NeilSupreme Court of the United States · 1882
- Prince v. BartlettSupreme Court of the United States · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. Hamburg-Amerikanische Packetfahrt Actien GesellschaftCourt of Appeals for the Second Circuit · 1914