Larsen v. Northland Transportation Co., 292 U.S. 20 (1934)

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Larsen v. Northland Transportation Co.

No. 614

Argued March 14, 1934
Decided April 2, 1934
292 U.S. 20

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. When sued for damages in a state court, a shipowner is not obliged to submit to that court his claim for limitation of liability even when there is only one owner and one claim against him. P. 23.

2. The right to limit liability is not waived by failing to set it up in a state court. Id.

3. Statutory provisions for limitation of liability should be construed liberally to effectuate their purpose. P. 24.

4. A judgment is not conclusive of those matters as to which a party had the option to litigate but did not in fact do so. P. 25.

66 F.2d 651 affirmed.

Certiorari, 290 U.S. 624, to review the reversal of a decree dismissing a petition to limit liability.