The Henry B. Smith
District Court, W.D. New York
In Admiralty. Suit by John F. Carberry against the steamer Henry B. Smith; the Acme Transit Company, claimant. On exceptions to libel.
1Opinion of the Court
HAZEL, District Judge.
The maritime law, which the libelant invokes, cannot be altered, modified, or changed by state enactment. The right of action arising out of maritime tort, relating to the recovery of damages for personal injuries, depends upon the maritime law, which has been adopted by the laws and usages of the country. The Lottawanna, 21 Wall. 588, 22 L. Ed. 654. There is, moreover, no maritime lien by the statutes of this state to support this proceeding in rem, and I am constrained to hold that in an action for personal injuries the Employer’s Liability Act of the state has no…
2Cases cited4 opinions
- The LottawannaSupreme Court of the United States · 1875
- The HamiltonSupreme Court of the United States · 1907
- The HamiltonCourt of Appeals for the Second Circuit · 1906
- Trauffler v. Detroit & Cleveland Navigation Co.District Court, W.D. New York · 1910
3Cited by2 opinions
- Rohde v. Grant Smith Porter Co.District Court, D. Oregon · 1919
- The St. DavidDistrict Court, W.D. Washington · 1913