Public-domain · open source
OpenJurist

36 F.2d 833

Docket No. 214.

The Grecian

Massachusetts District Court

Decided October 2, 1929.

Massachusetts District Court · decided 1929-10-02

Cited by 2 later decisions — most recently January 1957

2 federal appellate ·

2 counsel of record

Relies on Washingtonsouthern Nav Co v. Baltimore & Philadelphia Steamboat Co

Good law ✅— No negative treatment on recordhow we know

Decided 1929-10-02

View the full empirical analysis of this case →

¶1Putnam, Bell, Dutch & Santry, of Boston, Mass., for plaintiff.

¶2Blodgett, Jones, Burnham & Bingham and Foye M. Murphy, all of Boston, Mass., for defendant.

¶3LOWELL, District Judge.

¶4Motion by a cross-libelant in a collision ease that the respondent furnish security not only for damages to the vessel, which is not objected to, but also for a money payment which the cross-libelant may be decreed to make for half damages to the cargo of the respondent vessel if the two vessels should be adjudged to be mutually at fault. The respondent objects to the latter part of the motion.

¶5In my opinion the motion is grounded on a misapprehension of the fiftieth Admiralty Rule (28 USCA § 723). That rule requires security in certain circumstances for damages done by the respondent, Washington-Southern Co. v. Baltimore Co., 263 U. S. 629, 44 S. Ct. 220, 68 L. Ed. 480, but not for damages caused by the libelant’s own fault.

¶6Second part of motion denied.

/36/f2d/833 · .json · Public domain