Opinion
April 26, 1932.
Alexander, Ash Jones, of New York City, for respondent.
In Admiralty. Libel by the United States, as owner of the steam tugs Leopard and Samson, on behalf of officers and crew, against Burns Brothers, Incorporated.
Exceptions to libel overruled.
The United States Attorney, for the United States.
The statute provides that there shall be no recovery for salvage services if suit therefor be brought later than two years "from the date" the salvage was rendered. 46 USCA § 730. The services here involved were rendered June 14, 1922, and the libel was filed June 14, 1924.
A suit was commenced the day the libel was filed. Leveille v. Eastern S.S. Lines (D.C.) 12 F.2d 486. In estimating a period "from" which time runs, the first day is excluded. New York Life Ins. Co. v. Bullock (C.C.A.) 26 F.2d 666. In consequence, the present action was begun within the two years prescribed by the statute.
Moreover, the government not being specifically mentioned, the statute does not create a bar by limitation against it. Matter of Cuban Atlantic Transport Corporation, Bankrupt (C.C.A. 2) 57 F.2d 963, per Swan, J.
Exceptions to the libel overruled.