The Irving
The Irving
Opinion of the Court
The letter dated April 18, 1938, addressed by the United States Gypsum Co. to the petitioner, wherein it informed the petitioner that 550 tons of plaster were a total loss and that it would hold the petitioner liable for all damage sustained through the sinking of the barge, constituted a “written notice of claim” within the meaning of 46 U.S.Code, § 185, 46 U.S.C.A. § 185, notwithstanding that the letter did not contain a statement of amount of damages claimed. Cf. Anchor Line v. Jackson, 2 Cir., 9 F.2d 543; Stiles v. Ocean S. S. Co., 2 Cir., 34 F.2d 627; The West Arrow, 2 Cir., 80 F.2d 853. This ruling does not impose any hardship upon the shipowner, who had a period of six months within which to investigate this claim and all the consequences of the sinking of its barge, and to determine the advisability of instituting a limitation of liability proceedings. Cf. The Grasselli Chemical Co., No. 4, D.C., 20 F.Supp. 394.
Reference
- Full Case Name
- THE IRVING. Petition of CONNERS MARINE CO., Inc.
- Cited By
- 11 cases
- Status
- Published