O'NEAL v. United States

• Decision Date: 24 August 1925
• Docket Number: No. 7942.,7942.
• Citation: 11 F.2d 869
• Parties: O'NEAL v. UNITED STATES.
• Court: U.S. District Court — Eastern District of New York

11 F.2d 869 (1925)

O'NEAL v. UNITED STATES.

No. 7942.

District Court, E. D. New York.

August 24, 1925.

Silas B. Axtell, of New York City, for libelant.

Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y.

CAMPBELL, District Judge.

This is an action in admiralty, alleged to have been brought under the Public Vessels Act of March 3, 1925 (Comp. St. Supp. 1925, §§ 1251¾ — 1 to 1251¾ — 10), by a seaman on the United States Coast Guard ship Seneca, to recover damages alleged to have been caused to the libelant while in the performance of his duty, by the explosion of a shell which was in the hands of the gunner's mate, and comes before this court on exceptions filed by the respondent to the libel filed herein.

So much of the Act of March 3, 1925, as is necessary for consideration in the case at bar reads as follows:

"An act authorizing suits against the United States in admiralty for damage caused by and salvage services rendered to public vessels belonging to the United States, and for other purposes.

"Section 1. That a libel in personam in admiralty may be brought against the United States, for a petition impleading the United States, for damages caused by a public vessel of the United States, and for compensation for towage and salvage services, including contract salvage, rendered to a public vessel of the United States: Provided, that the cause of action arose after the 6th day of April, 1920."

The respondent excepts on the following grounds:

"First. The Act of Congress of March 3, 1925, known as the Public Vessels Act, does not authorize a suit against the United States, in admiralty, for personal injuries sustained by a seaman employed on board a public vessel.

"Second. The Act of Congress of March 3, 1925, known as the Public Vessels Act, does not authorize a suit against the United States, in admiralty, for personal injuries sustained by a seaman employed on board a public vessel of the United States and engaged in the performance of his duties."

The purpose of this act seems to me to be clearly shown by the title and provisions of the act not to include damages for personal injuries sustained by a seaman aboard the ship, and this is further shown in the report of the chairman of the committee, Mr. Edmonds, who submitted the bill, H. R. 9335, to Congress and said:

"The chief purpose of this bill is to grant private owners of vessels and of merchandise a right of action when their vessels or goods have been damaged as a result of a collision with any government owned vessel, though engaged in public service, without requiring an application to Congress in each...