Siano v. Helvering

CLARK, District Judge.

This case has been remanded to us because of our failure to comply with Equity Rule 70%, 28 U.S.C.A. following section 723. This rule was promulgated by the Supreme Court on June 2, 1930 (adopted as of October 1, 1930). It derived from the action, or rather inaction, of the District Court for the Northern District of California. A passenger sued the Panama Mail Steamship Company in admiralty for the damage ensuing upon a criminal assault by one of the lines stewards. The defense was the usual one — “volition not coercion”— and was buttressed with the usual combination —…