Legal Opinion
Executive Jet Aviation, Inc. v. City of Cleveland
Court of Appeals for the Sixth Circuit
Decided August 24, 1971No. 20706PublishedCited by 5 opinions
1Opinion of the Court
PHILLIPS, Chief Judge.
This appeal grows out of a one-plane aircraft accident. The suit was filed in admiralty. The sole issue on appeal is whether the action is within the admiralty jurisdiction of the District Court. We *152hold that the alleged tort occurred on land, even though the plane fell into navigable waters shortly after take off from the airport, and that no right of action is cognizable in admiralty. We affirm the judgment of District Judge Girard E. Kalbfleiseh, who dismissed the complaint.
The facts, as set forth in the complaint and supplemented by interrogatories and depositions,…
2Cases cited20 opinions
- Rodrigue v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1969
- The PlymouthSupreme Court of the United States · 1866
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- State Industrial Comm'n of NY v. Nordenholt Corp.Supreme Court of the United States · 1922
- Nacirema Operating Co. v. JohnsonSupreme Court of the United States · 1969
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3Cited by5 opinions
- Garland Wayne Kelly and Allen Eugene Kelly, Sr. v. J. C. Smith and Chicot Land Company, Inc.Court of Appeals for the Fifth Circuit · 1973
- Executive Jet Aviation, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 1974
- Franks v. Land and Marine Applicators, Inc.District Court, E.D. Louisiana · 1972
- Executive Jet Aviation, Inc., and Executive Jet Sales, Inc. v. City of Cleveland, Ohio and Phillip A. Schwenz, and Third-Party Howard E. Dicken v. United States of America, Third-PartyCourt of Appeals for the Third Circuit · 1971
- Garland Wayne Kelly and Allen Eugene Kelly, Sr. v. J. C. Smith and Chicot Land Company, Inc.Court of Appeals for the Fifth Circuit · 1973