The John H. Starin
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Petition in admiralty'by John H. Starin (and by substitution by Howard Carroll, Harriet M. Sproker, and Walter J. Peck, executors of the last will of John H. Starin, deceased), as sole owner of the steamer John H. Starin, for limitation of liability. Decree for petitioner, and the Providence-Washington Insurance Company and others, cargo owners, appeal.
1Per curiam
We think the court erred in refusing to allow cargo owners to cross-examine defendant’s witnesses as to the seaworthiness of the vessel, and to put in themselves such evidence as such cross-examination might indicate would properly supplement it. They were under no obligation to set up any particular unseaworthiness or negligence in their answer, and should not be prejudiced by the circumstance that, after having set it up, they withdrew such allegations. That they had claims would be sufficiently established by showing nondelivery of fhe goods they had intrusted to the carrier. If the…
2Cases cited2 opinions
- In re Davidson S. S. Co.District Court, E.D. Wisconsin · 1904
- The MurrellDistrict Court, D. Massachusetts · 1910
3Cited by11 opinions
- The S. S. HewittDistrict Court, S.D. New York · 1922
- The ThessalonikiCourt of Appeals for the Second Circuit · 1920
- The Linseed KingDistrict Court, S.D. New York · 1928
- The SuduffcoDistrict Court, S.D. New York · 1929
- Wessel, Duval & Co. v. Charleston Lighterage & Transfer Co.District Court, E.D. South Carolina · 1928
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