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PENNSYLVANIA RAILROAD COMPANY v. UNITED STATES

No. 178, Docket 24215.

245 F.2d 321 (1957)

The PENNSYLVANIA RAILROAD COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 7, 1957.

Attorney(s) appearing for the Case

Leavenworth Colby, Chief, Admiralty & Shipping Section, Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Washington, D. C., Paul W. Williams, U. S. Atty., S.D. N.Y., and Benjamin H. Berman, Atty. in Charge, New York Office, Admiralty & Shipping Section, Dept. of Justice, New York City, on the brief), for defendant-appellant.

Herbert M. Lord, of Burlingham, Hupper & Kennedy, New York City, for plaintiff-appellee.

Before CLARK, Chief Judge, and SWAN and POPE, Circuit Judges.

CLARK, Chief Judge.

The plaintiff's barge was damaged while in the possession of the defendant under a contract of maritime bailment which did not give rise to a maritime lien so as to support the filing of a libel in rem. Almost four years later the plaintiff brought an action in the court below for the damages, relying on the Tucker Act, where the statute of limitations, 28 U.S.C. § 2401, is six years. After issue was joined the defendant moved for judgment...

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