Le Gate v. The Panamolga, 211
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | MEDINA and HINCKS, Circuit , and BURKE |
| Citation | 221 F.2d 689 |
| Parties | John F. LE GATE, Libelant-Appellant, v. THE PANAMOLGA, her engines, boilers, etc., and Compania Naviera Dalmatica, S. A., and Dalmore Corp., Respondents-Appellees. |
| Docket Number | Docket 23316.,No. 211,211 |
| Decision Date | 15 April 1955 |
221 F.2d 689 (1955)
John F. LE GATE, Libelant-Appellant,
v.
THE PANAMOLGA, her engines, boilers, etc., and Compania Naviera Dalmatica, S. A., and Dalmore Corp., Respondents-Appellees.
No. 211, Docket 23316.
United States Court of Appeals Second Circuit.
Argued March 8, 1955.
Decided April 15, 1955.
Golenbock & Komoroff, New York City, for libelant-appellant; Donald S. Sherwood, Harvey B. Nachman, New York City of counsel.
Frederick H. Cunningham, New York City, for respondents-appellees; Victor S. Cichanowicz, Brooklyn, N. Y., of counsel.
Before MEDINA and HINCKS, Circuit Judges, and BURKE, District Judge.
BURKE, District Judge.
The suit herein was brought to recover damages for personal injuries which the libelant claims he sustained on October 16, 1950, while in the employment of Gulf Tide Stevedoring Co. as a longshoreman, while he was assisting in loading the S.S. Panamolga while the vessel was in the Port of Galveston, Texas. The libel was filed April 1, 1954, about three years and five months after the alleged injuries. The only process which was issued and served was in personam. Service was made on both respondents by serving Dalmore Corp., a New York corporation, personally and as agent for Compania Naviera Dalmatica, S. A., owner of the S.S. Panamolga.
Respondents excepted to the libel on the ground that the suit was barred by laches. The exception was sustained. An order was entered providing for dismissal of the libel unless an amended libel was filed and served which pleaded facts showing special circumstances excusing the delay. An amended libel was filed to which exception was again made and sustained. The libelant was given leave to file a second amended libel to explain the delay in filing suit. The respondents again excepted. The exception was sustained and the libel was dismissed with prejudice. The District Judge held that the libel was not filed until both the New York and the Texas limitation statutes, which would be applicable to similar civil actions, had run. The question presented is whether the District Judge was right in requiring the libelant to show special circumstances excusing the delay in filing suit.
Since the action was brought in a district court in New York, the limitation statutes to be referred to by analogy are those of New York. Redman v. United States, 2 Cir., 176 F.2d 713; Schiavone-Bonomo Corp. v. Buffalo Barge Towing Corp., 2 Cir., 132 F.2d 766; Hughes v. Roosevelt, 2 Cir., 107 F.2d 901. If the analogous statutes of limitations had run, the libelant was properly required to show special circumstances excusing the delay in filing suit. Reconstruction Finance Corp. v. Harrisons & Crosfield, 2 Cir., 204 F.2d 366, 37 A.L.R. 2d 1117; Redman v. United States, supra.
Under Section 13 of the New York Civil Practice Act a suit by a non-resident of New York on a cause of action arising without the state is barred if either the New York statute or the statute of the state where the cause of action accrued, has run. Smalley v. Hutcheon, 296 N.Y. 68, 70 N.E.2d 161. The libelant's claim for recovery is based upon both negligence and...
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Kenney v. Trinidad Corporation, No. 21063.
...397)." 14 Roth v. Cox, 5 Cir. 1954, 210 F.2d 76, aff'd, 348 U.S. 207, 75 S.Ct. 242, 99 L.Ed. 260. 15 LeGate v. The Panamolga, 2 Cir. 1955, 221 F.2d 689; Kane v. Union of Soviet Socialist Republics, 3 Cir. 1951, 189 F.2d 16 See Note 3. 17 See D. Currie, "Federalism and the Admiralty: `The De......
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Allister v. Magnolia Petroleum Company, No. 83
...D.C., 37 F.Supp. 759; Royle v. Standard Fruit & Steamship Co., 269 App.Div. 762, 54 N.Y.S.2d 778. 7. Cf. Le Gate v. The Panamolga, 2 Cir., 221 F.2d 689. In that case, a longshoreman brought a libel claiming damages for personal injuries caused by negligence or unseaworthiness. The District ......
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Burns v. Marine Transport Lines, Inc.
...and state statutes of limitations as convincing but not inflexible guides when the laches doctrine is used. In LeGate v. The Panamolga, 221 F.2d 689 (2 Cir. 1955), the Court of Appeals reversed a District Court's holding that, inter alia, a longshoreman's admiralty action for unseaworthines......
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Dawson v. Fernley & Eger, Civ. A. No. 3250
...of tort in the absence of an express contract between the shipowner and longshoreman. An examination of LeGate v. The Panamolga, 2 Cir., 221 F.2d 689, fails to lead to a contrary conclusion. This was an admiralty action and, while there is some language in the opinion suggesting that a clai......
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Allister v. Magnolia Petroleum Company, 83
...D.C., 37 F.Supp. 759; Royle v. Standard Fruit & Steamship Co., 269 App.Div. 762, 54 N.Y.S.2d 778. 7. Cf. Le Gate v. The Panamolga, 2 Cir., 221 F.2d 689. In that case, a longshoreman brought a libel claiming damages for personal injuries caused by negligence or unseaworthiness. The District ......
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Kenney v. Trinidad Corporation, 21063.
...397)." 14 Roth v. Cox, 5 Cir. 1954, 210 F.2d 76, aff'd, 348 U.S. 207, 75 S.Ct. 242, 99 L.Ed. 260. 15 LeGate v. The Panamolga, 2 Cir. 1955, 221 F.2d 689; Kane v. Union of Soviet Socialist Republics, 3 Cir. 1951, 189 F.2d 16 See Note 3. 17 See D. Currie, "Federalism and the Admiralty: `The De......
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Burns v. Marine Transport Lines, Inc.
...and state statutes of limitations as convincing but not inflexible guides when the laches doctrine is used. In LeGate v. The Panamolga, 221 F.2d 689 (2 Cir. 1955), the Court of Appeals reversed a District Court's holding that, inter alia, a longshoreman's admiralty action for unseaworthines......
-
Dawson v. Fernley & Eger, Civ. A. No. 3250
...of tort in the absence of an express contract between the shipowner and longshoreman. An examination of LeGate v. The Panamolga, 2 Cir., 221 F.2d 689, fails to lead to a contrary conclusion. This was an admiralty action and, while there is some language in the opinion suggesting that a clai......