California-Atlantic S. S. Co. v. Central Door & Lumber Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Suit in admiralty by the Central Door & Lumber Company against the California-Atlantic Steamship Company. Decree for libelant, and respondent appeals. The appeal in this ease is taken from a decree rendered upon a default against the appellant for failure to answer or except to the libel.
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Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Suit in admiralty by the Central Door & Lumber Company against the California-Atlantic Steamship Company. Decree for libelant, and respondent appeals. The appeal in this ease is taken from a decree rendered upon a default against the appellant for failure to answer or except to the libel. The libel was in personam, and it alleged that in December, 1910, the appellee, pursuant to an arrangement theretofore made with' the appellant, shipped in good order and condition on board the steamship…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). On the appeal to this court, the appellant presents the question of the jurisdiction of the District Court to entertain the libel and contends that no cause within the jurisdiction of the admiralty is stated for the reason that it is not alleged in the libel that the damage to the goods occurred while the same were upon either of the vessels 'which carried' the same, and that, for aught that appears to the contrary, all the injury may have been sustained during the transportation of the goods across the Isthmus of Panama.
[1] When goods are delivered to a…
2Cases cited22 opinions
- Insurance Co. v. DunhamSupreme Court of the United States · 1871
- The Moses TaylorSupreme Court of the United States · 1867
- The MontelloSupreme Court of the United States · 1874
- Robertson v. CeaseSupreme Court of the United States · 1878
- McCormick v. SullivantSupreme Court of the United States · 1825
17 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rainey v. New York & P. S. S. Co.Court of Appeals for the Ninth Circuit · 1914
- Wenzler v. Robin Line S. S. Co.District Court, W.D. Washington · 1921
- The St. PaulDistrict Court, S.D. New York · 1921
- Pacific Mail S. S. Co. v. SchmidtCourt of Appeals for the Ninth Circuit · 1914
- Holmes v. Crowell & Thurlow S. S. Co.District Court, W.D. Washington · 1924
10 more not listed; retrieve them via the Exa API.