Clyde-Mallory Lines v. the Eglantine

The question in this case is whether the libel in rem brought by the petitioner against the Steamship Eglantine is barred by § 5 of the Suits in Admiralty Act, 41 Stat. 525, which provides that “suits hereunder shall be brought within two years after the cause of action arises.”

On December 21, 1932, while the Eglantine was being operated by the United States as a merchant vessel, it collided with the Steamship Brazos, owned by the petitioner. Four and one-half years later, after the government had sold the Eglantine to a private operator, the petitioner filed this libel in rem against the…