Opinion · Court of Appeals for the First Circuit

Jarka Corp. v. Rederii

110 F.2d 234

Type
Opinion
Court
Court of Appeals for the First Circuit
Jurisdiction
Federal
Date
1940-02-07
Topic
general

PER CURIAM. This is an appeal from a decree overruling exceptions to a libel in admiralty. Appeals lie, not from all interlocutory decrees in admiralty, but only from such interlocutory decrees as determine “the rights and liabilities of the parties.” 44 Stat. 233, 28 U.S.C.A. § 227. The decree below merely determines that the libel states a good cause of action. It does not determine the rights and liabilities of the parties, because at the trial the libellant may fail to prove his case.

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Cited by
7 opinions
JARKA CORPORATION v. REDERII,110 F.2d 234(1st Cir. 1940)
JARKA CORPORATION v. REDERII.
No. 3443.
Circuit Court of Appeals, First Circuit.
February 7, 1940.
Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge.

Libel in admiralty by Erline H. Samuelson Rederii against the Jarka Corporation for indemnity or contribution on account of payments made to respondent's employee. From a decree overruling exceptions to the libel, D.C.,26 F. Supp. 304, respondent appeals.

Appeal dismissed.
Forrest E. Richardson and Robinson Richardson, all of Portland, Me., for appellant-respondent.

Nathan W. Thompson, of Portland, Me., for appellee-libellant.
Before WILSON and MAGRUDER, Circuit Judges, and FORD, District Judge.Page 235
PER CURIAM.
This is an appeal from a decree overruling exceptions to a libel in admiralty. Appeals lie, not from all interlocutory decrees in admiralty, but only from such interlocutory decrees as determine "the rights and liabilities of the parties."44 Stat. 233, 28 U.S.C.A. § 227. The decree below merely determines that the libel states a good cause of action. It does not determine the rights and liabilities of the parties, because at the trial the libellant may fail to prove his case. Stark v. Texas Co., 5 Cir., 1937,88 F.2d 182; The Maria, 2 Cir., 1933,67 F.2d 571; see Schoenamsgruber v. Hamburg Line, 1935,294 U.S. 454,55 S.Ct. 475,79 L.Ed. 989; H. Lissner Co., Inc., v. Oceanic Steam Navigation Co., 2 Cir., 1929,30 F.2d 290.

The appeal is dismissed for lack of jurisdiction.Page 333