Erie R. Co. v. Erie & Western Transp. Co., 204 U.S. 220 (1907)

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Erie Railroad Company v. Erie and

Western Transportation Company
No. 134

Argued December 14, 1906
Decided January 14, 1907
204 U.S. 220

CERTIORARI TO THE CIRCUIT COURT OF

APPEALS FOR THE SEVENTH CIRCUIT

Syllabus

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. 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.

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.

142 F. 9 reversed.

The facts are stated in the opinion.