Phalen v. United States
| Decision Date | 06 May 1929 |
| Docket Number | No. 178.,178. |
| Citation | 32 F.2d 687 |
| Parties | PHALEN v. UNITED STATES. |
| Court | U.S. Court of Appeals — Second Circuit |
William A. De Groot, U. S. Atty., of Brooklyn, N. Y. (Arthur H. Longfellow, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.
Park, Mattison & Lynch, of New York City (Henry E. Mattison, of New York City, of counsel), for appellee.
Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.
This libel alleges that this cause of action for collision damages arose on April 19, 1920, but suit therefor was not commenced until January 27, 1927, nearly seven years after the cause of action arose, and two years since the passage of the Public Vessels Act (Act March 3, 1925, 43 Stat. 1112 (46 USCA §§ 781-790). Paragraph 5 of the libel alleges that the libelant elects to have the suit proceed in accordance with the principles of admiralty in personam and in rem as provided in the Suits in Admiralty Act, approved March 9, 1920 (41 Stat. 525; 46 USCA §§ 741-752) and the Public Vessels Act, approved March 3, 1925 (43 Stat. 1112). Exceptions filed to the libel were overruled and an interlocutory judgment was entered. The question presented by this appeal is whether there is a time limitation within which suit must be brought against the United States under the Public Vessels Act. That act provides that a libel may be filed in personam against the United States, or a petition interpleading the United States may be made for damages caused by a public vessel of the United States, and for compensation for towage and salvage services, including contract salvage rendered to a public vessel of the United States. Section 2 (43 Stat. 1112) provides:
"Such suits shall be subject to and proceed in accordance with the provisions of an act entitled `An act authorizing suits against the United States in admiralty, suits for salvage services, and providing for the release of merchant vessels belonging to the United States from arrest and attachment in foreign jurisdictions, and for other purposes,' approved March 9, 1920, or any amendment thereof, in so far as the same are not inconsistent herewith, except that no interest shall be allowed on any claim up to the time of the rendition of judgment unless upon a contract expressly stipulating for the payment of interest."
And section 5 of the Suits in Admiralty Act (41 Stat. 526) provides:
"That suits as herein authorized may be brought only on causes of action arising since April 6, 1917: Provided that suits based on causes of action arising prior to the taking effect of this act shall be brought within one year after this act goes into effect; and all other suits hereunder shall be brought within two years after the cause of action arises."
Jurisdiction may be challenged at any stage of the proceedings. Panama Ry. Co. v. Johnson (C. C. A.) 289 F. 964, affirmed 264 U. S. 375, 44 S. Ct. 391, 68 L. Ed. 748. The Public Vessels Act grants jurisdiction against public vessels which had been theretofore denied. Such a grant of jurisdiction must be clearly shown, and doubt as to the construction of the provisions of the statute granting the same will be resolved in favor of the government. Blackfeather v. United States, 190 U. S. 368, 23 S. Ct. 772, 47 L. Ed. 1099, Price v. United States, 174 U. S. 373, 19 S. Ct. 765, 43 L. Ed. 1011. The Public Vessels Act states that suit brought thereunder shall be subject to and proceed in accordance with the provisions of the Suits in ...
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...Allen v. United States, 201 F.2d 263 (9th Cir. 1952) cert. denied 345 U.S. 957, 73 S.Ct. 939, 97 L.Ed. 1378 (1953); Phalen v. United States, 32 F.2d 687 (2d Cir. 1929). The claim was filed well before the expiration of two years after the cause of action arose but it was a single claim refe......
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...in 1925 of the Public Vessels Act, 46 U.S.C.A. § 781 et seq. Consequently, that case does not collide with our holding in Phalen v. United States, 2 Cir., 32 F.2d 687, that suits under the Public Vessels Act are subject to the statutory limitations of the Suits in Admiralty Act, 46 U.S.C.A.......
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