Western Fuel Co. v. Garcia
Supreme Court of the United States
CERTIFICATE FROM AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. Certiorari to review a case pending in the Circuit Court of Appeals on appeal from the District Court in admiralty. This action is barred by the California statute of limitations.
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CERTIFICATE FROM AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. Certiorari to review a case pending in the Circuit Court of Appeals on appeal from the District Court in admiralty. This action is barred by the California statute of limitations. The Harrisburg, 119 U. S. 199. In that case the liability and the remedy in Pennsylvania were created by the Act of 1851 and the limitation was created by the Act of 1855. The liability and the remedy in this case are found in the same statutes, § 377, Code of Civil Procedure, and § 1970, Civil Code, and the limitation here is…
1Opinion of the CourtJustice McReynolds
The Circuit Court of Appeals certified certain questions for instruction and thereafter we directed that the cause be sent here for determination as if upon appeal. Judicial Code, § 239.
Manuel Souza, a citizen arid resident of California, was instantly killed, August 5, 1916, while employed as a stevedore by the petitioner and at work in the hold of the “ Tancred,” a Norwegian vessel under charter to it, then anchored in San Francisco Bay and discharging her cargo. The libel alleged that the. injury was caused by coal negligently permitted to fall from a steel hoisting bucket.
Relying upon the…
2Cases cited15 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- The HarrisburgSupreme Court of the United States · 1886
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
- Chelentis v. Luckenbach Steamship Co.Supreme Court of the United States · 1918
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3Cited by327 opinions
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- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
- Yamaha Motor Corp., USA v. CalhounSupreme Court of the United States · 1996
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