Barber S. S. Lines, Inc. v. Quinn Bros.

FORD, District Judge.

Defendant’s motion to dismiss is based on the contention that any recovery by plaintiff would be barred by the common law principle that there can be no indemnity or contribution between joint tort-feasors. Defendant conceives the question as one governed by the law of New York. It is true that the action is one arising from a tort, and hence is to be governed by the law of the place of the tort. But the tort alleged here is a maritime one, and hence it is to be governed not by the common law of any state, but by the general maritime law, as interpreted and applied by the…