had been killed by the libellant
, but they knew or might have known, if
Both of the South Carolina cases involved a French captor, but M'Grath concerned an American libellant
, and Bolchos a British libellant
(with a Spanish party also interested).
Justice Chase acknowledged that the common law supported the vessel's position; however, he pointed out that "the common law has its peculiar rules in relation to the subject, traceable to the feudal system and its forfeitures." (91) Although "the weight of authority in common-law courts seems to be against the action," Justice Chase believed that "natural equity and the federal principles of law are in favor of it." (92) In contrast to the common-law approach, Justice Chase stated that "certainly it better becomes the humane and liberal character of proceedings in admiralty to give than to withhold the remedy, when not required to withhold it by established and inflexible rules." (93) Consequently, the court entered a decree in favor of the libellant
for the losses he sustained.
thus, if a libellant
disclose that his case rests upon a trust, he,
(6.) In the language of admiralty law at that time, the carelessness at issue was that of the "libellant
," who sought compensation for damages, not the "respondent," from whom compensation was sought.
(118) Second, the court noted that the dock receipt, bill of lading, and libellant
's claim letter all indicated that the parties in Standard Electrica regarded each pallet as a package.
at 98 (stating that "the peculiar jurisdiction of these court does not depend upon the domicil of the libellant
"); Walter Wheeler Cook, The Logical and Legal Bases of the Conflict of Laws 457 (1942) (stating that "this jurisdiction of the ecclesiastical courts was not limited to cases in which the spouses were domiciled in the county; `residence' which was not merely casual was sufficient").
The court held, "personal chastisement was applied to the libellant
in several instances "for very trivial delinquencies" (53), where no necessity is shown for its infliction." (54)
The project which the libellant
was engaged in is not even suggestive of maritime affairs.
(47) Workman involved a libellant
ship owner's vessel, which was injured by the steam of a New York fire boat.
' claim was that before immunity was granted, the court should decide on whether the vessel was the property of Cuba.
(1 Met.) 225, 230 (1840) (observing that "a libel, sued as a process in rem for a forfeiture, is in the nature of a civil action," and that the libellants
therefore could file a bill of exceptions).