The Irving
Cases that cite this one
11 later published cases cite this decision.
- Cantey v. McLain Line, Inc. (District Court, S.D. New York 1941)
- United States Court of Appeals Second Circuit (2d Cir. 1958)
- Nos. 8-11 (2d Cir. 1958)
- Tankers v. Steamtug Long Branch (2d Cir. 1958)
- Kibe v. Sentz (Cumberland County Court of Common Pleas 1954)
- General Seafoods Corp. v. J. S. Packard Dredging Co. (District Court, D. Massachusetts 1941)
- The Irving (District Court, S.D. New York 1940)
- United States Gypsum Co. v. Conners Marine Co. (District Court, S.D. New York 1940)
- Standard Wholesale Phosphate & Acid Works, Inc. v. Travelers Ins. (4th Cir. 1939)
- The Maine (District Court, D. Maryland 1939)
- The Ariel (District Court, S.D. New York 1939)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.