Legal Opinion
Continental Cas. Co. v. The Benny Skou
District Court, E.D. Virginia
Decided October 30, 1951No. 7430PublishedCited by 3 opinions
1Opinion of the Court
BRYAN, District Judge.
The point here is whether absence of the ship tolls the one-year limitation of the Virginia death by wrongful act statute when the right of action is enforced by a libel in rem against the vessel charged with the tortious killing.
An in personam, libel upon the same statute for the death of James Bright, Jr. was heretofore dismissed as too late, Continental Cas. Co. v. Thorden Line, 4 Cir., 186 F.2d 992, and since that decision the libelant has arrested the S. S. Benny Skou upon a libel in rem on the same cause of action. As will appear from the' opinion in the former…
2Cases cited17 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Western Fuel Co. v. GarciaSupreme Court of the United States · 1921
- Scarborough v. Atlantic Coast Line R. CoCourt of Appeals for the Fourth Circuit · 1949
- Sgambati v. United StatesCourt of Appeals for the Second Circuit · 1949
- The SydfoldCourt of Appeals for the Second Circuit · 1936
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3Cited by3 opinions
- Continental Casualty Co. v. The Benny SkouCourt of Appeals for the Fourth Circuit · 1952
- Holley v. Manfred StansfieldDistrict Court, E.D. Virginia · 1958
- Wamboldt v. MannionDistrict Court, S.D. New York · 1968