Legal Opinion

The America

District Court, E.D. New York

Decided September 24, 1940No. A-15828PublishedCited by 7 opinions

1Opinion of the Court

BYERS, District Judge.

Hearing on exceptions filed by respondent-impleaded, who asserts that, since the tort alleged in the petition to implead was committed on land, if at all, the court is without jurisdiction.

The actionable wrong as alleged is that, through the bursting or letting go of a pipe connected with the respondentimpleaded’s plant at Grasselli, N. J., on one shore of the Kills, fumes or gases were allowed to escape therefrom and accumulate over the adjacent waters in such volume and of such density that the claimant of the vessel which collided with that of the libelant was unable…

2Cases cited7 opinions

  1. Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
  2. The Rock Island BridgeSupreme Court of the United States · 1867
  3. Dorrington v. City of DetroitCourt of Appeals for the Sixth Circuit · 1915
  4. Smith v. LampeCourt of Appeals for the Sixth Circuit · 1933
  5. Hermann v. Port Blakely Mill Co.District Court, N.D. California · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Littlehale v. E. I. Du Pont De Nemours & Co.District Court, S.D. New York · 1966
  2. James J. Oppen, Arthur J. Luck and Glenn A. Henry v. Aetna Insurance Co., Union Oil Co. Of Calif.Court of Appeals for the Ninth Circuit · 1973
  3. The S. S. SamovarDistrict Court, N.D. California · 1947
  4. Motor Ship Pacific Carrier v. Union Camp CorporationCourt of Appeals for the Third Circuit · 1974
  5. Gypsum Carrier, Inc. v. Union Camp Corp.Court of Appeals for the Fifth Circuit · 1974

2 more not listed; retrieve them via the Exa API.

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