Admiralty Commons^™

Admirality - Jurisdiction - Action For Wrongful Death On The High Seas Limited To Admiralty, Robert Knauss S.Ed.

Michigan Law Review

Plaintiff as widow and administratrix seeks damages from the United States for the alleged wrongful death of her husband on the high seas. Action was brought at law under the Federal Tort Claims Act. Government's motion to dismiss was sustained. There is no common law cause of action for wrongful death on the high seas. The federal Death on the High Seas Act gives a remedy to the representative only "in Admiralty," and thus jurisdiction is lacking at law in the district court. Kunkel v. United States, (S.D. Cal. 1956) 140 F. Supp. 591.

Admiralty - Collision - Duty Of Third Vessel To Give Warning, Michael Scott

Michigan Law Review

Washington, a private merchantman proceeding north at night through a large United States Navy formation steaming west, received no warning from formation commanders that Ruchamkin, an escort, was rejoining from the east. Uninformed of Washington's presence and ordered to resume station expeditiously, Ruchamkin entered the formation at high speed. Despite late radical maneuvers upon discovery of Washington close aboard, Ruchamkin was struck by the latter's bow with resulting damage to both ships. On reciprocal libels, held, decree for Washington's owner. In addition to Ruchamkin's failure to anticipate Washington, the United States was negligent in that the …

Admiralty - Jurisdiction - Quasi -Contractual Remedy, Ross Kipka S.Ed.

Michigan Law Review

Petitioners paid money to respondent for prospective passage to Europe on his passenger vessel held out as a common carrier. When respondent failed to make the voyage or return the passage money, petitioners sued in admiralty for breach of contract. The libel was in the nature of indebitatus assumpsit for moneys had and received and wrongfully withheld by respondent. The district court held this an action based upon the breach of a maritime contract and therefore within the admiralty jurisdiction. The court of appeals reversed, on the ground that the action was in the nature of the common law indebitatus …

Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor

Michigan Law Review

The purpose of this article is not to develop a synthesis, for no synthesis is possible, but to give an account of the general theories governing maritime lien priorities, together with a discussion of the concrete issues which arise in their application.

Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Petitioner's houseboat, used to transport passengers commercially on a lake between Texas and Oklahoma, was insured against fire and other loss by respondent. Following destruction of the boat by fire, respondent denied liability because of breaches of policy warranties against assignment, pledging, transferring, and use for hire. The petitioner's action was brought in the state court and removed to a federal court because of diversity of citizenship. Texas statutes provide that breaches of policy provisions by the insured are no defense unless the breach contributes to the loss, and that provisions in policies against pledging are invalid. Petitioner contended that …

Admiralty- Conflict Of Laws - Application Of The Jones Act, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

Admiralty traditionally did not give a seaman a right of action for negligence unless it could be attributed to the unseaworthiness of the vessel. An injured seaman was limited to two remedies: an action for maintenance and cure, or an action based on -unseaworthiness. To remedy this situation, Congress in 1920 passed the Jones Act. This act was framed in terms of "any seaman who shall suffer personal injury in the course of his employment," and gave to such seamen all the rights granted by statutes modifying or extending the common law right or remedy in cases of personal injury …

Admiralty - Warranty Of Seaworthiness - Extension To Injury Caused By Appliance Not In Control Of Shipowner, George S. Flint S.Ed.

Michigan Law Review

Libellant, a longshore foreman for a stevedoring company loading petitioner's ship, was injured when a snatch block broke, causing some loading gear to fall upon his leg. Conflicting evidence in the lower court was resolved by the trial judge, who found that the snatch block was supplied by the stevedoring company. On the basis of this finding, the trial court held that neither the ship nor its appliances were unseaworthy, and that libellant could not recover against the shipowner. The court of appeals reversed and remanded the cause for determination of damages. On certiorari to the Supreme Court, held, …

Admiralty-Seaplane A ''Vessel" For Purpose Of Salvage, Eugene Alkema

Michigan Law Review

Defendant's seaplane landed at sea out of gasoline and without a compass. The m/s Batory took both the pilot and the plane aboard. In a libel for conversion of the seaplane, held, a cross-libel for salvage services stated a cause of action because a seaplane is a vessel for purpose of salvage. Gdynia-American Shipping Lines, Ltd. v. Lambros Seaplane Base, Inc., (D.C. N.Y. 1953) 115 F. Supp. 796.

The Seaman As Ward Of The Admiralty, Martin J. Norris

Michigan Law Review

The seaman has a peculiar status in American law. He is in most instances a mature individual, sui juris, and therefore capable of entering into his own contracts but nonetheless his contractual dealings with shipmasters and owners are as carefully watched by our admiralty courts as though he were a minor or a young heir. He is in contemplation of the maritime law a ward of the admiralty courts.

The seaman's position in a legal and economic sense is unique. Singled out by the Congress of the United States as one of a class of workers requiring special consideration …

Admiralty - Exclusive Coverage By Longshoremen's And Harbor Workers' Act Of Railway Employer's Liability To Employee For Accident On Car Float, Richard B. Barnett S.Ed.

Michigan Law Review

Respondent, a freight brakeman employed by petitioning railroad at its Jersey City yards, was injured while releasing the hand brakes on a freight car which was being pulled off a car float docked in navigable waters. He brought suit under the Federal Employers' Liability Act, alleging that his injury was caused by a faulty brake mechanism maintained in violation of the Safety Appliance Acts. The suit was dismissed in the district court on the ground that the Longshoremen's and Harbor Workers' Act applied exclusively, because the injury occurred on navigable waters. The court of appeals reversed, holding that this act …

Admiralty - Right To Jury Trial In Certain Cases On Great Lakes - Maintenance And Cure Not Contract Or Tort Matter, Richard B. Barnett S.Ed..

Michigan Law Review

Libelant brought an action for maintenance and cure on the admiralty side of a federal district court in Illinois. He requested a jury trial, relying on the Act of February 20, 1845, which provides that in certain admiralty and maritime cases arising on the Great Lakes relating to any matter of contract or tort, trial shall be by jury on the demand of either party. The trial court heard the case without a jury and dismissed the libel on the merits. The court of appeals held, on appeal, that maintenance and cure was a matter of ancient and established …

Admiralty-Unseaworthiness Of Vessel In Having Vicious Crew Member Aboard, Richard B. Barnett S.Ed.

Michigan Law Review

Plaintiff, a seaman on board defendant's ship, went ashore on leave with the second cook. After returning to the ship, the two quarrelled and plaintiff knocked the cook down. The cook went to the galley and obtained a meat cleaver with which he struck plaintiff on the head, causing serious injury. Plaintiff brought suit against the ship owner for damages on the theory that in allowing a man of the cook's vicious proclivities to become a member of the crew, defendant failed to provide a "seaworthy" ship and that plaintiff had suffered injury as a result. Plaintiff appealed a verdict …

Admiralty-Validity Of "Born-To-Blame" Clause In Bill Of Lading, Richard B. Barnett S.Ed.

Michigan Law Review

Petitioner is owner of the S.S. Nathaniel Bacon which collided with the Esso Belgium damaging both ships. The cargo of the Bacon, owned by respondents, was also damaged. The collision was caused by the negligent navigation of employees of both ships. The bill of lading issued to respondents contained a "both-to-blame" clause requiring the cargo owners to indemnify the carrier for any cargo loss indirectly borne by the carrier. This action was brought to determine liability for the damages suffered in the collision. Held, on appeal, the ''both-to-blame" clause is invalid because of public policy prohibiting carriers from …

Federal Procedure-Change Of Venue-Congestion Of Docket As A Factor Affecting Transfer Under Section 1404(A), Peter Van Domelen S.Ed.

Michigan Law Review

Plaintiff sued in the United States District Court for the Southern District of New York to recover damages under the Jones Act for illness sustained while he was serving as a seaman on the defendant's steamship. The defendant moved to transfer the action to the United States District Court for the Northern District of California pursuant to Title 28 U.S.C. § 1404(a) which provides: "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." Evidence introduced showed that …

Admiralty-Recovery For Negligent Invasion Of Contractural Interest In Use Of Ship, Duncan Noble S. Ed.

Michigan Law Review

A fishing vessel just beginning a voyage was negligently struck by another ship and laid up for a period of time for repairs. The crew were to have been compensated on the so-called "lay plan," 32% of the gross catch going to the jointly-owned vessel and gear, and 68% being split equally among the crew of ten, which included one of the joint owners. On a libel filed originally by seven of the crew members, but later joined by both owners and the remaining two of the crew, the trial court allowed recovery of the cost of repairs to the …

Admiralty-Duration Of Duty To Provide Maintenance And Cure, R. B. Barnett

Michigan Law Review

Libelant, while employed as engineer on a vessel operated by the United States, suffered a heart attack. He was paid maintenance and cure from May 31, 1946, when he was discharged from the hospital, until May 26, 1947. This action was brought to recover maintenance and cure from that date until March 25, 1951, when he returned to work, less two periods during which he had been employed for 60 and 93 days. Since April 1947, libelant had received treatment consisting of sedatives and medications designed to relieve chest pains and other discomforts. It was acknowledged there had been little …

Admiralty-Maintenance And Cure, Donald S. Leeper S.Ed.

Michigan Law Review

The recent decision of Warren v. United States marks another instance of the growing interest of the Supreme Court in the remedies given injured seamen. The right of the seaman to maintenance and cure can be found in the earliest formulations of a law of the sea and is present in our admiralty law today. The ancient terminology is still used but the tendency is to construe the language liberally in favor of the seaman.

This comment is intended as a short survey of the development of the remedy in this country as represented by the landmark cases. It will …

Admiralty-Conflict Of Laws-Erie R. R. Co. V. Tompkins Distinguished In Maritime Matters, Thomas Hartwell S.Ed.

Michigan Law Review

Plaintiff, a resident of Massachusetts, brought suit in the law side of the federal district court in Massachusetts for injuries sustained as a passenger aboard defendant's ship while it was docked in Sweden. Defendant, a Swedish corporation, defended on the ground that a contract stipulation as expressed on the back of plaintiff's ticket relieved it of liability. The ticket had been purchased in Sweden. The lower court, citing only American authorities, held that the. effect of the contract provision was to relieve defendant. On appeal, held, remanded. The cause of action asserted is a maritime tort; hence the substantive …

Admiralty-Injury To Longshoreman Working Ashore By Unseaworthiness Of The Vessel, Jean Engstrom S.Ed.

Michigan Law Review

Plaintiff, employed by an independent contractor to lade defendant's ship, was injured by a "pontoon" hatch cover which fell on his foot while he was working on the dock beside the ship. The court below found that defendant was not negligent, but that the ship was unseaworthy and that its unseaworthiness caused plaintiff's injury. Held, judgment for plaintiff affirmed. Breach of the warranty of seaworthiness is a tort arising out of a maritime status or relation and is therefore cognizable by maritime law whether occurring at sea or on land; a longshoreman employed by an independent contractor to lade a …

Restitution-Constructive Trust On Recission For Fraud Will Not Displace Lien For Repairs On Vessel, William H. Yager

Michigan Law Review

The Maryland Dry Dock Company sued to enforce its statutory maritime lien for converting a cargo vessel owned by the Republic Steamship Corporation into a passenger ship, and the International Refugee Organization contested the action on the ground that the money used to purchase the vessel was obtained by Republic from IRO by fraud. IRO argued that Republic did not have authority to bind the vessel because the vessel was impressed with a constructive trust in IRO's favor, and that if Republic did have authority the trust took preference over the lien. Held, a constructive trust on rescission for …

International Law-Jurisdiction-Application Of United States Seaman's Laws To Foreign Seamen On Foreign Vessels, Philip Smullin

Michigan Law Review

Libelants, eleven Greek seamen, signed a contract in the United States for a voyage from this country to Spain on a Greek vessel. They were discharged when the ship reached Barcelona. The shipowners made advance payments to these seamen, as they had in the past, and deducted such payments when settlements were made in the United States at the end of the voyage, a practice contrary to a federal statute. Prior to libelants' return to the United States from Spain, where they had been properly discharged, suit was instituted in their behalf for wages. Respondents paid into court a sum …

Admiralty-Foreign Attachment-Jurisdiction Of Court Defeated By Fraudulent Transfer, Paul E. Anderson S.Ed.

Michigan Law Review

Respondent, a Colombian corporation, contracted with libelant to transport a cargo of rice in its vessel, the Cali. On January 17, 1948, the Cali was wrecked and most of the rice lost. During the month of February the corporation, Compania Colombiana del Caribe, was formed under Colombian law, and on February 25, 1948, respondent's only other vessel, the Alacran (renamed the Caribe) was transferred to it. On March 7, 1948, libelants brought a libel in personam against respondent in the Canal Zone district court and had the court issue a foreign attachment on the Caribe, then steaming …

International Law-Prize Law-Seizure Of Port As Effecting Capture Of Ships In Port, David D. Ring S. Ed.

Michigan Law Review

When the Italian port of Tripoli was captured by the British in January, 1943, two privately owned Italian vessels were lying aground in the harbor. Though the Italian armistice was signed in September, 1943, and British naval authorities early in 1944 ordered the seizure in prize of all salvable vessels, nothing was done with respect to these vessels until February 3, 1947. At that time they were placed under the jurisdiction of the Prize Court of England. On February 10, 1947, the Treaty of Peace with Italy was signed and became effective on September 15, 1947. By act of Parliament, …

Historic Origins Of Admiralty Jurisdiction In England, Lionel H. Laing

Michigan Law Review

The process of the common law courts when resorted to by foreigners appears to have failed entirely to give redress. Arbitration and other treaties were tried without satisfaction. Finally, in 1337, Edward III found himself obliged to pay out of his own pocket for spoils committed upon Flemish, Genoese and Venetian merchants by his own subjects. This was no international gesture, for it was dictated by necessity, since the English monarch, engaged in a struggle with France, wished to retain the aid of his allies. It thus became urgent to suppress piracy, which was the plague of the Channel.

Workmen's Compensation - Admiralty Jurisdiction, Arthur B. Lathrop

Michigan Law Review

The deceased, a structural steelworker, was employed to dismantle an abandoned drawbridge which spanned a navigable river. At the time of the accident, he was examining steel which had been cut from the bridge and lowered into a barge used to haul it to the storage point and from this barge "he either fell or was knocked into the river." The company which employed him was a contributor to the Washington Compensation Fund, a compulsory act for employers engaged in the type of work for which the deceased had been employed. In this proceeding the widow appealed on writ of …

Admiralty - Actions Against Shipowners For Loss Of Cargo - Burden Of Proof Of Seaworthiness, Michigan Law Review

Michigan Law Review

A recent decision of the United States Supreme Court has laid to rest a number of complex problems involved in allocating the burden of proving seaworthiness between shipowners and injured cargo owners. While these general problems are by no means peculiar to maritime law, one plausible explanation for their unusual importance here might be found in the inherent difficulty which confronts the fact-finder when he attempts to accumulate information regarding accidents at sea. Fathoms of water may separate him from his evidence, and even where the source of injury is more accessible, the complex science of navigation and ship construction …

Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills

Michigan Law Review

While a ship whose home port was Philadelphia was at dock in the port of Houston, unlicensed seamen commenced a strike for union recognition and boarding passes for union delegates. The strikers did not take possession of the ship but remained on the poop-deck and refused to obey all orders. They were never requested to leave. Sufficient steam was maintained for the operation of all the ship's sanitary and safety appliances, and the vessel was never in danger. When upon the ship's return to Philadelphia the steamship company discharged five of the seamen for participating in the strike, the National …

Admiralty - Uniformity Rule, William C. Whitehead

Michigan Law Review

From the words of the Federal Constitution the federal courts have spelled out the rule that maritime matters shall be governed by a uniform set of laws. These laws consist of the general maritime law at the adoption of the Constitution plus regulations subsequently promulgated by Congress. The decisions which have outlined the "uniformity rule" have concerned themselves with admiralty's interrelationship with interstate commerce. A recent application of the rule suggests another problem which uniformity is designed to circumvent--the difficulty of enforcing local rules against subjects on navigable waters. The federal courts have not always been precise in their application …

Admiralty - Workmen's Compensation - Longshoremen's Act Status Of Worker On Vessel Withdrawn From Navigation But Moving On Navigable Waters, Michigan Law Review

Michigan Law Review

Plaintiff and five others were hired to load a lake freighter with cargo for winter storage. They were hired by the day and none lived aboard the vessel, which had been out of commission for a year. Plaintiff assisted in towing the vessel to the elevator dock and worked on deck while the cargo was being loaded. While shifting the vessel along the dock, plaintiff's hand was crushed in a winch. Plaintiff brought an action at law under the Jones Act. Held, plaintiff is not a seaman within the terms of that act, nor "a member of a crew" …

International Law -- Anti-Smuggling Bill -- Jurisdiction On The High Seas, James H. Roberton

Michigan Law Review

The control which a littoral state may exercise over the adjacent sea has never been the subject of complete agreement among the nations of the world. Inability to agree and resulting confusion have arisen in many instances from a failure to distinguish between a claim of control over a definite strip of adjacent water, often spoken of as "territorial waters," analogous to the control exercised on land and a claim that, for the well-being of the littoral state, control for limited and specific purposes may be extended beyond these territorial waters. The most obvious example of this latter type of …