Smith-Johnson Steamship Corp. v. United States

Opinion

In our opinion in this case rendered March 6, 1956, which was before us at that time on plaintiff’s motion to strike defendant’s special defense, we granted that motion, holding that plaintiff’s petition was based on a statute and did not arise out of the maritime contract between the United States and plaintiff. Hence, we said the courts of admiralty did not have jurisdiction of such a case and that this court did.

The Second Circuit Court of Appeals had held in Sword Line, Inc. v. United States, 228 F. 2d 844, that the suit was on the contract, and since the contract was for the…