The Cuzco
District Court, W.D. Washington
In Admiralty. Suit by Joseph H. O’Brien, by his guardian Henry J. Gorin, against the steamship Cuzco, Aktieselskabet Cuzco, claimant, On exceptions to special plea.
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In Admiralty. Suit by Joseph H. O’Brien, by his guardian Henry J. Gorin, against the steamship Cuzco, Aktieselskabet Cuzco, claimant, On exceptions to special plea. The amended libel alleges, in substance, that the libelant, Joseph H. O’Brien, is a citizen of the United States of America, a resident of this district, and on the 3d of March, 1913, was adjudged by the state court to be non compos mentis, and Henry J. Gorin was appointed his guardian, and that this action is commenced by authorization of the state court; that the steamship Cuzco is engaged in navigating the high seas and waters…
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above). The record is conclusive that at the time of the injury libelant was en*171gaged as a stevedore in discharging the cargo from a vessel owned by a Norwegian corporation, while the vessel was lying at the docks at Victoria, 'British Columbia. The exceptions, for the purposes of this issue, .admit that no maritime lien existed against the Cuzco under the law of British Columbia. The question for the court now is to determine whether the rights of the parties are governed by the lex loci delicti or by the lex fori, and whether an action in rem is of the substantive…
2Cases cited30 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
- The BelgenlandSupreme Court of the United States · 1885
- The " Scotland"Supreme Court of the United States · 1882
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
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3Cited by10 opinions
- Coastal Barge Corp. v. Coastal Zone Industrial Control BoardSupreme Court of Delaware · 1985
- Wenzler v. Robin Line S. S. Co.District Court, W.D. Washington · 1921
- Willow River Water Users Ass'n v. Orchards Water Co.Oregon Supreme Court · 1924
- Marshall v. Westfal, Larsen & Co.District Court, S.D. Georgia · 1924
- The Hanna NielsenDistrict Court, W.D. Washington · 1928
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