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Davis v. City of Jacksonville Beach, Florida

United States District Court, M.D. Florida, Jacksonville Division
Dec 2, 1965
251 F. Supp. 327 (M.D. Fla. 1965)

Summary

finding admiralty jurisdiction over an action growing out of an accident occurring in the ocean between a surfer and a swimmer

Summary of this case from Craddock v. M/Y the Golden Rule

Opinion

No. 65-15-Adm-J.

December 2, 1965.

Barton, Burwell Harris, Gainesville, Fla., for libelants.

C.C. Howell, of Howell, Dawson, Galant, Maddox Sulik, Jacksonville, Fla., for respondent City of Jacksonville Beach.

T. Malcolm Kirby, of Howell, Kirby, Montgomery, Sands D'Aiuto, Jacksonville, Fla., for respondent Dean Cowan.


This suit grew out of an accident occurring in the ocean off Jacksonville Beach, Florida, when a surfboard being ridden by respondent Dean Cowan crashed into libelant Roland E. Davis, who was swimming. Each respondent has filed a motion for "judgment on the pleadings," alleging that this action does not come within the admiralty jurisdiction.

It is not necessary to reach the novel question whether a surfboard is a vessel. Although drawing criticism from the commentators, see, e.g., 1 Benedict, Admiralty 350-51 (6th ed. Knauth 1940); Comment, 64 Colum. L. Rev. 1084, 1091 (1964), the weight of authority in this country holds that any tort whatever, occurring on the high seas or navigable waters, is within the admiralty jurisdiction. See, e.g., Weinstein v. Eastern Airlines, Inc., 316 F.2d 758 (3d Cir.), cert. denied, 375 U.S. 940, 84 S.Ct. 343, 11 L.Ed.2d 271 (1963).

Even if some maritime connection other than locality is required to sustain jurisdiction (and some such relationship appears in practically every case purporting to follow the general rule), it exists in this case. Of course, the present accident produced no direct or indirect influence on shipping and commerce. But a surfboard, by its very nature, operates almost exclusively on the high seas and navigable waters, and, just like a small canoe or raft, potentially can interfere with trade and commerce. For this reason, admiralty should develop the rules of liability relating to a surfboard's operation.

After due notice and hearing, it is therefore, upon consideration,

Ordered that respondents' motions for "judgment on the pleadings" are severally denied.


Summaries of

Davis v. City of Jacksonville Beach, Florida

United States District Court, M.D. Florida, Jacksonville Division
Dec 2, 1965
251 F. Supp. 327 (M.D. Fla. 1965)

finding admiralty jurisdiction over an action growing out of an accident occurring in the ocean between a surfer and a swimmer

Summary of this case from Craddock v. M/Y the Golden Rule
Case details for

Davis v. City of Jacksonville Beach, Florida

Case Details

Full title:Roland E. DAVIS, a minor, etc., et al., Libelants, v. CITY OF JACKSONVILLE…

Court:United States District Court, M.D. Florida, Jacksonville Division

Date published: Dec 2, 1965

Citations

251 F. Supp. 327 (M.D. Fla. 1965)

Citing Cases

Peytavin v. Government Employees Ins. Co.

f.n. 12, Watz, 431 F.2d at 111.See also Davis v. City of Jacksonville Beach, Fla., 251 F. Supp. 327 (M.D.Fla.…

Smith v. Guerrant

See 316 F.2d at 763, where the court concludes that a "maritime nexus" exists. See also, e.g., Davis v. City…