The America

E.D. New York

The America

34 F. Supp. 855, 1940 U.S. Dist. LEXIS 2681

CourtDistrict Court, E.D. New York

DecidedSeptember 24, 1940

DocketA-15828

StatusPublished

Cited by7 cases

This text of 34 F. Supp. 855 (The America) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The America, 34 F. Supp. 855, 1940 U.S. Dist. LEXIS 2681 (E.D.N.Y. 1940).

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Opinion

BYERS, District Judge.

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 respondentimpleaded’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.

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BYERS, District Judge.

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 respondentimpleaded’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.

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Bluebook (online)

34 F. Supp. 855, 1940 U.S. Dist. LEXIS 2681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-america-nyed-1940.

Opinion

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