Postal SS Co. v. International Freighting Corporation, 10274.
| Decision Date | 29 January 1943 |
| Docket Number | No. 10274.,10274. |
| Parties | POSTAL S. S. CO., Inc., v. INTERNATIONAL FREIGHTING CORPORATION, Inc. THE BEN. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Jos. M. Rault and Benjamin W. Yancey, both of New Orleans, La., and Earle Farwell and John C. Crawley, both of New York City, for appellant.
Thomas H. Middleton, of New York City, and Harry F. Stiles, Jr., of New Orleans, La., for appellee.
Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.
The Barge "Ben", owned by appellant and chartered by appellee, sank. The entire vessel and its cargo were lost except a lifeboat valued at $150. Appellant filed petition for exoneration from, or limitation of, liability, and secured an injunction against any other legal proceedings against it with respect to liability arising out of the sinking pending determination of the limitation proceedings.
Appellee, as charterer of the vessel and bailee of the cargo, filed its claim in the limitation proceedings, reserving its rights to arbitration under the charter party. Thereafter on motion of appellee, the limitation of liability proceedings were stayed pending the arbitration proceedings, and the earlier injunction granted to appellant was modified so as to permit the arbitration to be had. From the last order staying the limitation proceedings and modifying the earlier injunction appellant has appealed. The first question is whether this order is appealable.
Section 17 of the charter party provided that any dispute under the charter party arising within one year after the completion of the voyage should be settled by arbitration. The court modified appellant's injunction to permit the parties to proceed to arbitration in compliance with the provision of the charter party. Nothing in the charter party referred to or attempted to control limitation of liability proceedings given as a matter of right by Act of Congress and jurisdiction over which is vested exclusively in the district courts.
It is claimed that Section 227 of Title 28 U.S.C.A., provides for appeals in admiralty from orders modifying an interlocutory injunction, but in Stark v. Texas Co., 5 Cir., 88 F.2d 182, this court held that the statute had general application only to interlocutory injunctions in equity, not in admiralty, and only gave a right of appeal in admiralty when the interlocutory decree determined the rights and liabilities of the parties.
This court is given appellate jurisdiction in admiralty...
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