Admiralty Commons^™

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Law Of Unseaworthiness And The Doctrine Of Instant Unseaworthiness, Carroll E. Neesemann

Maryland Law Review

No abstract provided.

Unseaworthiness And Personal Injuries Ashore, Frank R. Grundman

Cleveland State Law Review

This note examines the fundamental and dynamic concept of unseaworthiness, and investigates particularly the geographical limits ashore where such injuries may occur and yet be actionable. Crew misconduct will not be considered as a factor in unseaworthiness, as that subject has been treated elsewhere.

Admiralty - Maintenance And Cure Of Seamen - Right To Contribution Between Shipowners For Co-Existing Obligation - Gooden V. Sinclair Refining Co., 378 F.2d 576 (3rd Cir. 1967), Thomas G. Horne

William & Mary Law Review

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Jurisdiction In Longshoremen's Injuries, Richard E. Hendricks

Cleveland State Law Review

The decision in Southern Pacific Co. v. Jensen that state law does not apply to injuries occurring on navigable waters, began a series of jurisdictional questions which continue today. This decision initially deprived some 300,000 longshoremen and harbor workers in dangerous occupations of a compensation remedy, but it paved the way for a federal statute providing them with compensation coverage. Longshoremen and harbor workers are today protected under state or federal law, depending on whether their injuries occur on land or "upon navigable waters." They may be eligible for coverage under both federal and state law.

Book Review. Cases And Materials On Admiralty By N. J. Healy And B. Currie, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Book Review, Orie J. Vande Visse

Cleveland State Law Review

Reviewing Martin J. Norris, Your Boat and the Law, Lawyers Co-operative Publishing Company, 1965

Book Review Of Cases And Materials On Admiralty, A. A. Fatouros

Journal of Legal Education

No abstract provided.

Should A Vessel Be Faulted For Failing To Carry Radar?

Indiana Law Journal

No abstract provided.

Admiralty - Carriage Of Goods By Sea Act - Ship Mortgage Act, Joseph A. Murphy

Duquesne Law Review

Doctrine of seaworthiness expanded to include financial responsibility of a carrier.

Morrisey v. S.S. A. & J. Faith, 252 F. Supp. 54 (N.D. Ohio 1965).

A View From The Bridge: Some Observations On Amphibious Tort Jurisdiction In Admiralty, Thomas A. Clingan Jr.

Villanova Law Review (1956 - )

No abstract provided.

Electronic Aids To Navigation And Their Basis As Fault In Marine Casualties, Raymond T. Letulle

Villanova Law Review (1956 - )

No abstract provided.

Crew Conduct As Unseaworthiness, James E. Saari

Cleveland State Law Review

It seems repugnant to all law that a shipowner should be held liable under the doctrine of unseaworthiness for occurrences which he has no reasonable way of preventing. The shipowner may be best protected by incorporating his knowledge of a crew member's dangerous propensities as an element of proof in assault cases based on unseaworthiness. Should general maritime law continue to offer legal barriers to shipowners, a seaman's workmen's compensation statute or a general re-draft of the Jones Act could enable the shipowner to set up stronger defense in an unseaworthiness action.

Swell Damage And The Right Of Navigation, Frank R. Grundman

Cleveland State Law Review

In general, an owner of a vessel or other property damaged by the tortious acts of another committed in the course of boating or shipping is entitled to recover for such injuries. But what of the time-honored doctrine of the paramount right of navigation? It has been said that a moving ship is not an insurer and is not liable for all damages that occur as a result of its swell. Thus, the issue presents itself. Every vessel sailing on navigable waters creates a propagating swell by reason of its displacement in the water. By what yardstick is liability measured …

Limitation Of Liability In Admiralty: An Anachronism From The Days Of Privity, Richard C. Angino

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Longshoremen's Actions For Unseaworthiness And Negligence, Peter G. Sandlund

Cleveland State Law Review

Seaworthiness within the field of the general maritime law, and negligence as applied under the Jones Act and the Longshoremen's and Harbor Worker's Act afford ample remedies to the parties covered by the respective acts and by the strict liability imposed upon the owner of an unseaworthy vessel. But by allowing recovery under theories that mix the two remedies the courts are creating an additional remedy not granted by Congress when it adopted the Jones Act and the Longshore Act.

Admiralty- Shipowner's Right To Indemnification For Loss Caused By Latently Defective Gear Supplied By Nonnegligent Stevedoring-Compnay, John W. Erickson

Michigan Law Review

Defendant stevedoring company contracted to perform stevedoring services for plaintiff shipowner. Pursuant to its agreement to supply gear for the job, the stevedoring company supplied a latently defective rope, the breaking of which caused injury to a longshoreman, an employee of the stevedoring company. The longshoreman obtained a judgment against the shipowner under the doctrine of unseaworthiness, and in a separate action the shipowner sought indemnification from the stevedoring company. The district court, finding the stevedoring company not negligent, denied recovery. The Court of Appeals for the Ninth Circuit affirmed, one judge dissenting. On certiorari to the United States Supreme …

Maritime Contiguous Zones, Lloyd C. Fell

Michigan Law Review

During the past two centuries, various states which had previously limited their claims of full sovereignty to narrow marginal seas have also asserted special types of jurisdiction over high seas zones outside what they claimed (or what others accepted) as territorial waters. This comment deals with such claims to contiguous zones of the high seas over which the littoral state asserts authority: which may affect the interests of other states.

Admiralty-Laches-Expiration Of Analogous State Statute Of Limitations As Ground For Dismissal, Herbert H. Brown

Michigan Law Review

Plaintiff, a seaman on the S.S. Ioannis, was injured when the Ioannis and the S.S. Stony Point collided. By the time plaintiff filed his action, the three-year state statute of limitations for personal injuries caused by negligence had expired. The District Court for the Southern District of New York dismissed the complaint on the ground that the expiration of the state statute of limitations caused the plaintiff's action to be barred by !aches. On appeal, held, vacated and remanded. Expiration of the analogous state statute of limitations does not give rise to a presumption that the plaintiff's delay …

Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long

Michigan Law Review

Plaintiff seaman, having been injured while serving on a vessel owned and operated by the defendant corporations, brought a civil action in federal district court alleging claims for negligence under the Jones Act, for unseaworthiness, and for maintenance and cure. The venue provision of the Jones Act requires that actions under it be brought in the district in which the defendant employer resides or in which his principal office is located. Plaintiff filed his complaint in the Western District of Pennsylvania although defendants were incorporated and maintained their principal offices in Louisiana. Defendants' motions to dismiss on the ground of …

Sovereign Immunity Of Foreign Merchant Vessels - Flota Maritima Browning V. Motor Vessel Ciudad, Barbara Spicer

Maryland Law Review

No abstract provided.

Freedom Of Navigation For International Rivers: What Does It Mean?, Ralph W. Johnson

Michigan Law Review

The purpose of this paper will be to analyze the origin of the concept, trace its (their) development, point out the most commonly used meanings, and then demonstrate the substantial irrelevance of the concept, by any of these definitions, to present-day river navigation and trade problems.

Expanding The Warranty Of Seaworthiness: Social Welfare Or Maritime Disaster, Joseph A. Barone

Villanova Law Review (1956 - )

No abstract provided.

Federal Jurisdiction-Federal Civil Procedure-Right To Jury Trial Of Seaman's Claim For Maintenance And Cure Where Joined With Claim Under Jones Act, Edwin A. Howe Jr.

Michigan Law Review

Plaintiff seaman, having been injured while in the employ of defendant shipowner, filed an action in federal district court. Plaintiff invoked the court's federal-question jurisdiction alone, under section 1331 of the federal Judicial Code. He alleged claims for negligence under the Jones Act, for unseaworthiness, and for maintenance and cure, and demanded jury trial of all three counts. The trial court sustained the demand as to the first two counts, but ordered that the claim for maintenance and cure be tried to the judge alone, sitting as a court of admiralty. On appeal from the order denying jury trial …

Admiralty--Liability--Transitory Unseaworthiness, Richard Delamielleure

Michigan Law Review

While loading grain aboard a ship, the petitioners, longshoremen, were injured when they inhaled noxious fumes from a shot of grain released into the vessel's hold, the grain having been treated with a chemical insecticide by unknown parties at an inland point. Petitioners brought suit against the city, which owned the grain elevators, and the shipowner, alleging, among other things, that the vessel was unseaworthy. The district court found the ship to be seaworthy, and the circuit court of appeals affirmed the judgment for the defendant. On certiorari the Supreme Court vacated the judgment and remanded the case to the …

Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.

Michigan Law Review

It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …

Labor Law--Injunctions--Order Restraining Election Aboard "Flag-Of-Convenience" Vessel, Lee D. Powar

Michigan Law Review

Upon petition of the National Maritime Union, the National Labor Relations Board directed a representation election among all unlicensed foreign seamen employed by Empresa Hondurena de Vapores, S.A., aboard a Honduran-registered ship. Empresa, a Honduran corporation which is a wholly-owned subsidiary of the United Fruit Company, sought injunctive relief in a federal district court. The petition alleged that the Board's order violated treaty obligations, the Constitution of the United States and principles of international law. The Regional Director of the NLRB moved to dismiss, asserting that the district court lacked jurisdiction to enjoin such an order and that the Board's …

Admiralty-Jurisdiction - Statute Extending Admiralty Jurisdiction To Include Amphibious Torts Resulting In Personal Injury, Francis X. Beytagh

Michigan Law Review

Libelant linehandler, injured undocking a vessel, brought a personal injury action against the shipowner. Leave to amend this complaint by naming the city of Los Angeles and a tugboat company as defendants was denied by the federal district court. Libelant then filed suit on the admiralty side of the same district court against the city and the tugboat company on the identical cause of action. In ruling on respondents' exceptions to this libel, held, exceptions overruled. Upon establishing the constitutional validity of the Admiralty Extension Act, jurisdiction pursuant to its provisions can properly be exercised in the instant ship-to-shore …