Legal Opinion
Rios v. Steamship the Flying Cloud
District Court, S.D. New York
Decided April 23, 1959PublishedCited by 2 opinions
1Opinion of the Court
PALMIERI, District Judge.
To the extent that respondent’s exceptions are addressed to the claim for unseaworthiness, -they are overruled for the reasons set forth in the Court’s Memorandum Opinion of this date, overruling respondent’s exceptions in Hernandez v. The Flying Arrow, D.C., 181 F.Supp. 951.
With respect to the claim for negligence, however, something more must be said. The libel filed on Decern-*242ber 3, 1958, alleges that the injury occurred on April 1, 1955. If the claim accrued to libelant on the date of the accident, it would be barred by the New York three year statute of…
2Cases cited4 opinions
- John F. Le Gate, Libelant-Appellant v. The Panamolga, Her Engines, Boilers, Etc., and Compania Naviera Dalmatica, S.A., and Dalmore Corp.Court of Appeals for the Second Circuit · 1955
- The SydfoldCourt of Appeals for the Second Circuit · 1936
- Cary v. . KoernerNew York Court of Appeals · 1910
- Hernandez v. Steamship SS Flying ArrowDistrict Court, S.D. New York · 1959
3Cited by2 opinions
- United States v. The Motor Tanker J. A. CobbCourt of Appeals for the Second Circuit · 1960
- United States v. The Motor Tanker J. A. CobbCourt of Appeals for the Second Circuit · 1960