Lincoln v. Cunard S. S. Co.

Citations

• 221 F. 622
• 137 C.C.A. 346
• 1915 U.S. App. LEXIS 1365

Syllabus

<p>1. Shipping @=»82—Liability fob Torts—Injury to Barge Master by Discharging Steam.</p> <p>A steamship, which suddenly and without warning discharged steam and hot water from an exhaust pipe upon the master of a barge, who\\ was making fast alongside for the purpose of delivering coal to the ship, ' held chargeable with gross negligence, which rendered the owner liable for the injury.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 341, 346, 352; Dec. Dig. <@=>82.]</p> <p>2. Admiralty <®==>34—Actions—Laches.</p> <p>Where there is nothing exceptional in a case, a court of admiralty will be governed by the analogies of the common-law limitation. '</p> <p>[Ed. Note.—For other eases, see Admiralty, Cent. Dig. §§ 316-321; Dec. Dig. <©==>34.j</p> <p>3. Shipping <§=»86—Action fob Personal Injury—Laches.</p> <p>Within the time prescribed by the statute of the state, an action at law to recover for personal injuries inflicted by a steamship was brought against the owner in a federal court in New York. From various causes not chargeable to the fault of plaintiff, the cause was delayed for more than two years, when it ivas dismissed for want of jurisdiction, without prejudice; it having been learned that both parties were subjects of (treat Britain. A new action in admiralty was commenced at once. Held, that tiie case was so far exceptional that libelant would not be charged with laches to defeat the suit, especially in view of Code Oiv. Proc. N. Y. § 405, which provides that when an, action, commenced within the time limited by the statute, is terminated without the fault of plaintiff or a trial on the merits, a new action may be commenced, within one year.</p> <p><fc»For other eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>[ICd. Note.—For other cases, see Shipping, Cent Dig. §§ 343, 353-360; Dec. Dig. <2=80..|</p> <p><£s»For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>