Hidick v. Orion Shipping and Trading Co.

• Decision Date: 23 May 1957
• Citation: 1957 AMC 2443,152 F. Supp. 630
• Parties: Massoad Abdallah HIDICK, Plaintiff, v. ORION SHIPPING AND TRADING CO., Inc., and Pacific Cargo Carriers Corporation, Defendants. PACIFIC CARGO CARRIERS CORPORATION, Defendant and Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.
• Court: U.S. District Court — Southern District of New York

152 F. Supp. 630

1957 AMC 2443

Massoad Abdallah HIDICK, Plaintiff, v. ORION SHIPPING AND TRADING CO., Inc., and Pacific Cargo Carriers Corporation, Defendants.

PACIFIC CARGO CARRIERS CORPORATION, Defendant and Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.

United States District Court S. D. New York.

May 23, 1957.

Harry Ruderman, New York City, for plaintiff.

Nelson, Healy, Baillie & Burke, New York City, for defendants and third-party plaintiff. Allan A. Baillie and Thomas L. Rohrer, New York City, of counsel.

Paul W. Williams, U. S. Atty., New York City, for the United States. Walter L. Hopkins and Ruth K. Bailey, Trial Attys., Dept. of Justice, New York City, of counsel.

PALMIERI, District Judge.

This is a motion by the United States to dismiss the third party complaint of defendant Pacific Cargo Carriers Corporation against it pursuant to Rules 12 (b) (1) and (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A. on the grounds that this court lacks jurisdiction over both the subject matter and the person of the third party defendant. The motion is denied.

Plaintiff has brought his action on the civil side of the court for personal injuries allegedly sustained aboard the S.S. Seacoronet, which was owned by defendant Pacific Cargo Carriers Corporation and operated by defendant Orion Shipping and Trading Company, Inc. Plaintiff alleges that his injuries resulted from the negligence of the defendants and the unseaworthiness of the ship. The third party complaint constitutes a claim for indemnity from the United States under the provisions of a certain time charter party between the United States and the third party plaintiff. It alleges that plaintiff's injuries were caused by the direct and primary negligence of the third party defendant, its agents, servants and/or employees and the failure of the third party defendant to perform the operation of loading the vessel in a reasonably safe manner which it was obligated to the third party plaintiff to do by the terms and conditions of the aforesaid time charter party.

The thrust of the Government's argument in support of its motion is that the third party complaint states a claim against the United States which is cognizable exclusively in admiralty under the Suits in Admiralty Act, 46 U.S.C.A. §§ 741-752, and that such a claim may not be maintained in a suit which appears on the Civil, rather than the Admiralty, docket. Third party plaintiff contends that since the United States has consented to be sued with respect to claims for indemnity under the Suits in Admiralty Act, and since the United States District Courts have jurisdiction over such suits, technical obstacles should be overcome to allow the bringing of such indemnity claims against the United States notwithstanding the...