The Noddleburn
Decision Date | 08 February 1887 |
Citation | 30 F. 142 |
Parties | THE NODDLEBURN. |
Court | U.S. District Court — District of Oregon |
Syllabus by the Court
The district courts have cognizance of torts committed on the high seas, when the parties, or the vessel are found within their jurisdiction, without reference to the nationality of either.
The court may in its discretion take, or decline this jurisdiction, in the case of a controversy between foreigners; and its action in this respect will be followed on appeal, unless it plainly appears to the appellate court that such discretion has been wrongly exercised.
On the evidence, the findings of the district court, that the injury to the libelant was caused, without his fault, by a defective crane-line, which defect was known to the master, affirmed and the damages given therefor allowed, with interest and costs.
Edward N. Deady, for libelant.
C. E S. Wood, for claimant.
The bark Noddleburn is a British vessel, and the claimant, master, and libelant are British subjects. Although the point as to the jurisdiction of the court over the subject-matter does not appear to have been much relied on in the district court, it is quite earnestly pressed here. Under the authorities cited by the district judge, and the reasoning found in them, I think there can be little doubt that the court had jurisdiction. All actions for injuries ex delicto to the person, and actions on contracts, are transitory, and may generally be maintained wherever the parties may be found, whether in the country where the cause of action arose or elsewhere.
This suit is of that nature, upon a cause for which the ship as well as the master is liable. The cause of action arose upon the high seas, and it is a case of admiralty and maritime jurisdiction. The parties, at the time of the commencement of the suit, were all within the territorial jurisdiction of the court, and the statutes of the United States confer jurisdiction 'of all civil causes of admiralty and maritime jurisdiction. ' Both the subject-matter and the parties were; therefore, at the time of filing the libel, within the jurisdiction of the district court. Bernhard v. Creene, 3 Sawy. 230; The Belgenland, 114 U.S. 355, 5 S.Ct. 860.
But, there being no treaty stipulations controlling the matter, the cases cited also recognize the principle that where a cause of suit of this kind arises upon the high seas, between subjects of a foreign nation, it is a matter of sound discretion with the court, depending upon the circumstances of the particular case, whether it will exercise or decline to exercise jurisdiction. The Belgenland, 114 U.S. 364, 5 S.Ct. 860. Says the court in this case:
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