States Marine Lines, Inc. v. the M/V Kokei Maru

SWEIGERT, District Judge.

This is a libel in rem and in personam arising out of a collision between a vessel, owned by the libelant, States Marine Lines, Inc., a Delaware corporation, and the respondent vessel, owned by respondent Heromi S.S. Co., a Japanese corporation. The collision occurred in Japanese territorial waters, and more specifically within the harbor waters of Kobe, Japan.

Respondents have filed exceptions to the libel on two grounds. First, they contend that since the maritime tort occurred in foreign waters, libelant must, pursuant to the familiar rule adopted by federal courts,…