Erie Railroad v. Erie & Western Transportation Co.
Citations
- 204 U.S. 220
- 27 S. Ct. 246
- 51 L. Ed. 450
- 1907 U.S. LEXIS 1521
Syllabus
<p>Admiralty courts, being, free .to work out their own system and to finish the adjustment of maritime rights, have jurisdiction of an action for contribution for damages paid to third parties as the result of a collision for which both vessels were in fault. The claim is of admiralty origin.</p> <p>The division of- damages in admiralty extends to what one of the vessels pays to the owners of cargo on the other vessel jointly in fault.</p> <p>The right of division of damages to vessels when both are in fault and the contingent claim to partial indemnity for payment of damage to cargo are separable, and the decree of division in the original suit, the pleadings in which do not. set up such claim for indemnity, is not a bar to a subsequent suit brought to enforce it.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a right to contribution in an admiralty collision case accrues when the third-party plaintiff pays the original plaintiff
Source: CourtListener parenthetical corpus (CC0).
Judges: Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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