Legal Opinion

Fort v. Lewis

Court of Appeals of Kentucky

Decided April 29, 1983Published

1Opinion of the Court

MILLER, Judge.

This case involves a collision between two pleasure crafts on the Ohio River (navigable stream) in McCracken County, Kentucky. The McCracken Circuit Court has jurisdiction under the “saving to suitors” clause of Title 28 U.S.C. § 1333(1). The governing rules are those applicable to the general admiralty and maritime jurisdiction. See Moragne v. United Marine Lines, Inc., 398 U.S. 375, 90 S.Ct. 1772, 26 L.Ed.2d 339 (1970). The case was tried by the court without intervention of jury and the trial judge found both parties negligent and thereupon entered judgment for appel-lee…

2Cases cited5 opinions

  1. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  2. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
  3. United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
  4. Johnson v. Westerfield's Admr.Court of Appeals of Kentucky · 1911
  5. Monongahela River Consolidated Coal & Coke Co v. Lancaster's AdministratorCourt of Appeals of Kentucky · 1916

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