United States Shipping Board Emergency Fleet Corp. v. Bank Line Transport & Trading Co.

This ease comes before me on motion to dismiss under rule 76 of the General Rules of Pleading and Practice of this court. Rule 76 provides:

The libel (for demurrage on account of the steamship West Mahwah) in this case was filed on December 29, 1921. The answer was filed July 20, 1922, with exceptions to certain interrogatories attached to the libel. On August 5, 1922, these exceptions were heard and sustained. On August 27, 1923, the libel was amended by leave o£ court on hearing after motion. No further proceedings were had in the cause until October 11, 1927, when libelant served respondent with notice of its desire to place the cause for hearing on the November, 1927, term calendar. Respondent then interposed this notion to dismiss, alleging that the delay has prejudiced it because the president of the respondent corporation, an important witness in the cause, has died during the pend-ency of the action, and that others of respondent’s witnesses, resident abroad, whose testimony would be essential, have become scattered.

Something over four years has elapsed since any proceeding has been taken in this action, and several months over five years since the cause became at…