The Eagle Point
| Citation | 142 F. 453 |
| Decision Date | 11 January 1906 |
| Docket Number | 26. |
| Parties | THE EAGLE POINT. THE BIELA. |
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
Wilhelmus Mynderse, for appellant.
Charles C. Burlingham and H. G. Ward, for appellee.
Before ACHESON, DALLAS, and GRAY, Circuit Judges.
When this case was here before (120 F. 449, 56 C.C.A. 599), we decided that both the Eagle Point and The Biela were at fault in causing the collision between them, which occurred upon the high seas, on October 1, 1900. The opinion of this court upon that occasion stated the circumstances attending the disaster, and further reference to them is not requisite. But there was one point upon which we declined to pass at that time, because it had not been considered by the District Court, and to that court it was referred for determination in the first instance. Such determination has since been made and to it alone the present appeal is directed.
The question involved was accurately stated by the learned judge below to be ' And he correctly conceived that the right solution of this question depends upon whether the English rule referred to concerns a matter of right or of procedure merely. The Eagle Point and the Biela were both British vessels, and with reference to this fact, he appropriately observed:
'It may often be the case that an act done, or fault committed upon a vessel upon the high seas, may give rise to a right which has its source only in the law of the flag; and when this is the case, such a right will ordinarily be enforced in the tribunals of another sovereignty, even if the law of the forum differs in this respect.'
But he held that the British law in question dealt, not with rights but only with remedies, and that therefore the law of the forum, and not that of the flag, was applicable to the matter before him. We are unable to accept the premise from which this conclusion was deduced. Unquestionably it is true that forms of remedies and modes of procedure are regulated exclusively by the law of the country whose tribunal is resorted to; but is it also true that a law which limits the...
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Canada Malting Co v. Paterson Steamships British Empire Grain Co v. Same Starnes v. Same, s. 487-489
...... public navigable waters, irrespective of the location of the international boundary, and possess all the characteristics of the high seas, The Eagle, 8 Wall. 15, 22, 19 L. Ed. 365; United States v. Rodgers, 150 U. S. 249, 256, 14 S. Ct. 109, 37 L. Ed. 1071; Panama R. Co. v. Napier Shipping Co., ...S. 24, 29, 30, 26 L. Ed. 1001; The Eagle Point (C. C. A.) 142 F. 453, 454; that the Canadian law would apply in the cases at bar; and that hence, the asserted ground for the District Court's ......
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In re Pennsylvania R. Co., 131.
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United States v. Norfolk-Berkley Bridge Corporation
....... So far as the right of the United States to recover the damages to the West Alsek is concerned, one point only need be discussed. There was no steam in her boilers at the time of the accident, and although the tug Stallion, belonging to her owner, ...On the other hand, it was held in The Eagle Point (C. C. A.) 142 F. 453, that the foreign law should be followed, since, in the opinion of the court, such rules relate to the rights of the ......
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Ozanic v. United States, 107
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