Erie R. v. Boston, C. C. & N. Y. Canal Co.
District Court, D. Massachusetts
In Admiralty. Suit by the Erie Railroad Company against the Boston, Cape Cod & New York Canal Company. On motion by li-belant to discontinue.
1Opinion of the Court
MORTON, District Judge.
It is settled in this circuit that in equity-cases the complainant is entitled to dismiss as of right, unless the litigation has gone so far that substantial rights have accrued to the defendant out of it. Morton Trust Co. v. Keith (C. C.) 150 Fed. 606; Tower v. Stimpson (C. C.) 175 Fed. 130.
The present suit is a libel in personam; the pleadings have been completed, but no further steps have been taken; no interlocutory orders' affecting rights have been made; and no evidence has been taken, either orally or by deposition. No rights have accrued to the defendant by…
2Cases cited3 opinions
- Confiscation CasesSupreme Court of the United States · 1869
- Morton Trust Co. v. KeithU.S. Circuit Court for the District of Massachusetts · 1907
- Tower v. StimpsonDistrict Court, D. Massachusetts · 1909
3Cited by4 opinions
- Medina v. EricksonCourt of Appeals for the Ninth Circuit · 1955
- Mistretta v. S.S. Ocean EvelynDistrict Court, E.D. New York · 1966
- Pacific Vegetable Oil Corp. v. S/S ShalomDistrict Court, S.D. New York · 1966
- Manuel MacHado Medina, and Cross-Appellee v. Sara Erickson, Administratrix of the Estate of Peter Erickson, Deceased, and Cross-Appellant. Sara Erickson, Administratrix of the Estate of Peter Erickson, Deceased v. Manuel MacHado MedinaCourt of Appeals for the Ninth Circuit · 1955