Loe

Loe v. Goldstein

Good Law
101 F.2d 967·9 Alaska 471·1939 U.S. App. LEXIS 4885
United States Court of Appeals for the Ninth CircuitFebruary 23, 1939No. 8862California5,312 words

Opinion

lead Opinion

Stephens, J.

This is an appeal from a judgment of the District Court entered upon a directed verdict in favor of appellees in an action brought by appellant for damages for injuries received by him while he was fishing on the “Nor-land”. Appellant brought suit in the District Court against the appellees, owners of the “Norland” under the provisions of Section 33 of the Merchant Marine, or Jones Act, 41 Stat. 1007 , 46 U.S.C.A. § 688 . Thereafter, on November 25, 1935, the appellee • owners filed in the District Court their petition for a limitation of liability under the provisions of Sections 4283 (as amended August 29, 1935 and June 5, 1936), 4284, and 4285 (as *474 ámended June 5, 1936) of the Revised Statutes, 46 U.S.C.A. §§ 183 , 184 and 185.

Thereafter the appellant filed in said limitation of liability proceeding his claim for damages on account of his injuries, and his answer to said petition for limitation of liability and setting up his cause of action for damages. Subsequently it was stipulated by the respective parties that the claimant, Pete Loe, conceded the right of petitioners to limitation of liability, also that the law action of Pete Loe be dismissed, and that all issues…

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