Opinion
No. 132.
January 10, 1927.
Appeal from the District Court of the United States for the Southern District of New York.
Suit in admiralty by the Texas Company, against the United States to recover damages due to collision between the steamship Texas and the United States steamship Frederick der Grosse. Decree for libelant, allowing damages, including interest (11 F.[2d] 981) and the United States of America appeals. Affirmed.
Emory R. Buckner, U.S. Atty., of New York City (Horace M. Gray, Sp. Asst. U.S. Atty., of New York City, of counsel), for the United States.
T.K. Schmuck, of New York City, for appellee Texas Co.
Lord, Day Lord, of New York City (Allen B.A. Bradley and George De Forest Lord, both of New York City, of counsel), for Commonwealth Dominion Line, Limited, and as amici curiæ.
Before HOUGH, MANTON, and MACK, Circuit Judges.
This suit is brought under a special act of Congress approved November 17, 1921 (42 Stat. 1569), and is an action arising out of a collision between the steamship Texas and the United States steamship Frederick der Grosse on September 3, 1917.
The sole question presented on this appeal is raised by the United States on its claim that the court below committed error in allowing interest on the recovery. The act is similar in phrase to that referred to in New York Cuba Mail Steamship Co. v. United States (C.C.A.) 16 F.2d 945, decided this day. The construction of the statute we applied in that case is applicable here. It results in our holding that the court did not err in allowing interest on the legal damages. The amount has been stipulated.
The decree is affirmed, with costs.