McGrath v. Panama R. Co.
| Decision Date | 08 April 1924 |
| Docket Number | 4031. |
| Parties | McGRATH v. PANAMA R. CO. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Gordon Boswell and L. P. Bryant, Jr., both of New Orleans, La. (Dr Oscar Teran, of Panama, Canal Zone, on the brief), for appellant.
John O.Collins and G. H. Martin, both of Ancon, Canal Zone, for appellee.
Before WALKER and BRYAN, Circuit Judges, and GRUBB, District Judge.
This was a libel in the District Court, filed by the libelant Anna McGrath, seeking to recover damages alleged by her to have been caused by injury received by her while a passenger on one of the respondent's steamships, while it was making a voyage between New York and Panama City. The libel was dismissed by the District Court because of laches; it having been filed 40 days after the expiration of a year from the date of the injury. The appeal is from the decree dismissing the libel. The only question presented by it is the correctness of the District Court's ruling in respect to laches.
The applicable statute of limitations for actions at common law for personal injuries in the Canal Zone is one year from the date of the injury. The limitation of three years, which obtains under the Code of Colombia, was superseded by the repealing clause of the legislation and executive orders which put into effect the Canal Zone Code of Civil Procedure. Courts of admiralty are not, however, bound by common-law limitations, but adopt them by analogy, unless equitable reasons exist for not doing so. In the case of a libel in personam for the recovery of damages for personal injuries, the reason for following the limitations of the common law in courts of admiralty is emphasized by reason of there being preserved to the libelant in such a case the right to sue at common law, as well as in admiralty. In the event the libelant sued at common law, the statute of limitations would bar a recovery. It would be inconsistent to permit him to sue in admiralty, with the same effect as at common law (as is true in the case of a libel in personam), after his right to sue at common law had become barred.
The appellant suggests that no injury is shown to have been done to the appellee by the delay in filing the libel. Injury is presumed from the statutory period of limitation in common-law actions, and, when equity adopts the statutory period, it adopts along with it the presumption of injury until the contrary is shown....
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...Henry v. United States, 46 F.2d 640, 642 (3d Cir.1931); a tort action by a passenger against a steamship company, McGrath v. Panama R.R. Co., 298 F. 303, 304 (5th Cir.1924); a tort claim by longshoremen against a steamship line, Morales v. Moore-McCormack Lines, Inc., 208 F.2d 218, 220 (5th......
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... ... remedy and where no prejudice to the defendant has ensued ... from the mere passage of time ... ” Gardner v ... Panama R. Co ., 342 U.S. 29, 30-31, (1951), wherein the ... Court states: ... Though the existence of laches is a question primarily ... 483, 39 S.Ct. 533, ... 63 L.Ed. 1099; Holmberg v. Armbrecht , 1946, 327 U.S ... 392, 66 S.Ct. 582, 90 L.Ed. 743; see McGrath v. Panama R ... Co ., 5 Cir., 1924, 298 F. 303, 304 ... At ... common law, when laches was applied, the burden ... ...
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...188, 200, affirmed, 16 F.(2d) 194 (C.C.A.2). When the suit is filed after the statutory period, injury is presumed. In McGrath v. Panama R. Co. (C.C.A.5) 298 F. 303, 304, the court said: "The appellant suggests that no injury is shown to have been done to the appellee by the delay in filing......
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