From Casetext: Smarter Legal Research

The America

United States District Court, E.D. New York
Sep 24, 1940
34 F. Supp. 855 (E.D.N.Y. 1940)

Opinion

No. A-15828.

September 24, 1940.

Foley Martin, of New York City, for claimant-petitioner.

Hatch Wolfe, of New York City (J. Newton Nash, of New York City, of counsel), for respondent-impleaded.


Hearing on exceptions filed by respondent-impleaded, who asserts that, since the tort alleged in the petition to implead was committed on land, if at all, the court is without jurisdiction.

The actionable wrong as alleged is that, through the bursting or letting go of a pipe connected with the respondent-impleaded's plant at Grasselli, N.J., on one shore of the Kills, fumes or gases were allowed to escape therefrom and accumulate over the adjacent waters in such volume and of such density that the claimant of the vessel which collided with that of the libelant was unable to navigate so as to avoid doing the damage for which the libel was filed.

The following cases indicate that a cause in personam in admiralty exists, if it be proven that a tort arising on land takes effect on navigable waters, to the injury of a vessel on behalf of which the cause is asserted: Philadelphia, W. B.R.R. Co. v. Philadelphia, etc., Co., 23 How. 209, 16 L. Ed. 433; Leonard v. Decker, D.C., 22 F. 741; Galena, D.D. M. Packet Co. v. Rock Island, etc., 6 Wall. 213, 18 L. Ed. 753; The Normannia, D.C., 62 F. 469, at 472; Hermann v. Port Blakely Mill Co., D.C., 69 F. 646; Dorrington v. Detroit, 6 Cir., 223 F. 232, at 242; Smith v. Lampe, 6 Cir., 64 F.2d 201.

Exceptions overruled. Settle order.


Summaries of

The America

United States District Court, E.D. New York
Sep 24, 1940
34 F. Supp. 855 (E.D.N.Y. 1940)
Case details for

The America

Case Details

Full title:THE AMERICA. THE J.A. MARTIN

Court:United States District Court, E.D. New York

Date published: Sep 24, 1940

Citations

34 F. Supp. 855 (E.D.N.Y. 1940)

Citing Cases

The S. S. Samovar

Restatement, Conflict of Laws (1934) § 377. Thus when, as in the case at bar, a negligent act originates on…

Patel Cotton Co. v. the Steel Traveler

The cause of action for such damage is maritime. Travelers Ins. Co. v. McManigal, 4 Cir., 139 F.2d 949;…