Legal Opinion
Yates v. Dann
District Court, D. Delaware
Decided November 14, 1958No. Civ. A. No. 1051PublishedCited by 1 opinion
1Opinion of the Court
LAYTON, District Judge.
This is a motion by the defendant, shipowner, to amend his answer in a Jones Act, 46 U.S.C.A. § 688, suit in order to raise the defense of Limitation of Liability. The motion is vigorously opposed. Both sides agree that amendments should be liberally granted in the interest of justice and that whether or not this motion should be granted rests largely in the sound discretion of the Court. As in most situations of this sort, the answer is to be found in the facts. At first I was inclined to view the application favorably but the more I weigh the facts and the equities,…
2Cases cited9 opinions
- Carlisle Packing Co. v. SandangerSupreme Court of the United States · 1922
- Kane v. Union of Soviet Socialist RepublicsCourt of Appeals for the Third Circuit · 1951
- Corden E. Yates v. Rodney H. Dann, Ruby M. Dann and R. H. Dann Towing and Lighterage CompanyCourt of Appeals for the Third Circuit · 1955
- The ChickieCourt of Appeals for the Third Circuit · 1944
- General Seafoods Corp. v. J. S. Packard Dredging Corp.Court of Appeals for the First Circuit · 1941
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3Cited by1 opinion
- Odegard v. E. Quist, Inc.District Court, E.D. New York · 1961