Opinion · Court of Appeals for the Second Circuit

H. Lissner & Co. v. Oceanic Steam Nav. Co.

30 F.2d 290

Type: Opinion
Court: Court of Appeals for the Second Circuit
Jurisdiction: Federal
Date: 1929-01-07
Topic: general

PER CURIAM. This appeal is from an alleged interlocutory decree which provides as follows: “Ordered, that libelant’s said damages be computed on the basis 'of the $100 per package clause contained in the bill of lading set forth in the libel, and not on any higher basis: Provided, however, that the allegations of said libel which have not been admitted by respondent in its answer be duly established before the commissioner by stipulation between the parties or by proof.” Such a determination is not an interlocutory decree in admiralty, determining the rights and liabilities of the parties as the statute provides. 44 Stat. L. 233 (28 USCA § 227). It.is not now reviewable. The correctness of such an order may not be tested until the rights and liabilities of the parties have been determined, leaving only the question of damages for determination.

Citator

UpLaw has not yet analyzed H. Lissner & Co. v. Oceanic Steam Nav. Co.. The absence of a flag is not a finding that it is good law.

Cited by: 14 opinions

H. LISSNER CO. v. OCEANIC STEAM NAV. CO.,30 F.2d 290(2nd Cir. 1929)

H. LISSNER CO., Inc., v. OCEANIC STEAM NAV. CO., Limited.

No. 136.

Circuit Court of Appeals, Second Circuit.

January 7, 1929.

Appeal from the District Court of the United States for the Southern District of New York.

Libel by H. Lissner Co., Inc., against the Oceanic Steam Navigation Company, Limited, for cargo damage. From an interlocutory decree, libelant appeals. Appeal dismissed.

Harry D. Thirkield, of New York City, for appellant.

Burlingham, Veeder, Masten Fearey, of New York City (Ray Rood Allen and Norman M. Barron, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

This appeal is from an alleged interlocutory decree which provides as follows:

"Ordered, that libelant's said damages be computed on the basis of the $100 per package clause contained in the bill of lading set forth in the libel, and not on any higher basis: Provided, however, that the allegations of said libel which have not been admitted by respondent in its answer be duly established before the commissioner by stipulation between the parties or by proof."

Such a determination is not an interlocutory decree in admiralty, determining the rights and liabilities of the parties as the statute provides. 44 Stat. L. 233 (28 USCA § 227). It is not now reviewable. The correctness of such an order may not be tested until the rights and liabilities of the parties have been determined, leaving only the question of damages for determination.

Appeal dismissed.