In Re East River Towing Co., Inc., 266 U.S. 355 (1924)

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In re East River Towing Co., Inc.


No. 81


Argued November 25, 1924
Decided December 8, 1924
266 U.S. 355

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. An action at law brought under § 33 of the Merchant Marine Act of June 5, 1920, c. 250, 41 Stat. 988, to recover damages for the death of a seaman from personal injuries suffered in the course of his employment, is subject to the injunction provided by admiralty Rule 51 in aid of limitation of liability proceedings. P. 366.

2. The Merchant Marine Act, § 33, did not impliedly repeal the statute regarding limitation of liability of shipowners (Rev.Stats., §§ 4283, et seq.) so far as claims or suits based on personal injuries to or death of seamen are concerned. Id.

Certificate from the circuit court of appeals in a proceeding in admiralty for limitation of liability, appealed from the district court. See 291 F. 1017.