Legal Opinion · Dissent

Executive Jet Aviation, Inc. v. City of Cleveland

Court of Appeals for the Sixth Circuit

Decided August 24, 1971No. 20706Published

1DissentEdwards, Circuit Judge

This case presents a single important question:

Do the federal courts have maritime jurisdiction over airplane crashes in navigable waters where the cause of the crash is alleged to be tortious conduct which occurred on land?

The Third Circuit has previously answered this question affirmatively in the context of death cases arising out of the crash of a passenger aircraft into Boston Harbor shortly after takeoff where the causes of the crash were alleged, as here, to have been land-based. Weinstein v. Eastern Air Lines, Inc., 316 F. 2d 758 (3d Cir.), cert. denied, 375 U.S. 940, 84 S.Ct. 343, 11…

2Cases cited77 opinions

  1. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  2. United States v. WiltbergerSupreme Court of the United States · 1820
  3. The HarrisburgSupreme Court of the United States · 1886
  4. The LottawannaSupreme Court of the United States · 1875
  5. The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852

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