O. & Y. Nuri v. The Johanna the Cuma

Fourth Circuit

O. & Y. Nuri v. The Johanna the Cuma

210 F.2d 261, 1954 U.S. App. LEXIS 2430, 1954 A.M.C. 440

CourtCourt of Appeals for the Fourth Circuit

DecidedJanuary 27, 1954

Docket6737

StatusPublished

Cited by6 cases

This text of 210 F.2d 261 (O. & Y. Nuri v. The Johanna the Cuma) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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O. & Y. Nuri v. The Johanna the Cuma, 210 F.2d 261, 1954 U.S. App. LEXIS 2430, 1954 A.M.C. 440 (4th Cir. 1954).

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Opinion

PER CURIAM.

This is an appeal from a decree dismissing a suit in admiralty brought by the owners of a Turkish vessel which was sunk as the result of a collision with a German vessel in the North Sea. The appellant has produced in this court evidence which was not before the District Court as to the availability of witnesses to establish the cause of the collision, a matter which seems to have had considerable weight with the District Judge in arriving at his decision in a case of which he might otherwise very properly have taken jurisdiction. We shall accordingly vacate the decree appealed from and remand the case to the District Court in order that the District Judge may exercise his discretion with respect to accepting jurisdiction in the light of the evidence produced in this court and of any further evidence that may be produced before him, and of the principles of law *262 properly applicable in the premises. See The Belgenland, 114 U.S. 355, 5 S.Ct. 860, 29 L.Ed. 152; Heredia v. Davies, 4 Cir., 12 F.2d 500; and The Fletero v. Arias, 4 Cir., 206 F.2d 267.

Decree vacated and case remanded with directions.

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PER CURIAM.

This is an appeal from a decree dismissing a suit in admiralty brought by the owners of a Turkish vessel which was sunk as the result of a collision with a German vessel in the North Sea. The appellant has produced in this court evidence which was not before the District Court as to the availability of witnesses to establish the cause of the collision, a matter which seems to have had considerable weight with the District Judge in arriving at his decision in a case of which he might otherwise very properly have taken jurisdiction. We shall accordingly vacate the decree appealed from and remand the case to the District Court in order that the District Judge may exercise his discretion with respect to accepting jurisdiction in the light of the evidence produced in this court and of any further evidence that may be produced before him, and of the principles of law *262 properly applicable in the premises. See The Belgenland, 114 U.S. 355, 5 S.Ct. 860, 29 L.Ed. 152; Heredia v. Davies, 4 Cir., 12 F.2d 500; and The Fletero v. Arias, 4 Cir., 206 F.2d 267.

Decree vacated and case remanded with directions.

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210 F.2d 261, 1954 U.S. App. LEXIS 2430, 1954 A.M.C. 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/o-y-nuri-v-the-johanna-the-cuma-ca4-1954.

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