Canadian Aviator v. United States

MARIS, Circuit Judge.

Canadian Aviator, Limited, the owner of the steamship Cavelier, filed a libel in the District Court for the District of New Jersey seeking to recover $75,000 from the United States under the Public Vessels Act, 46 U.S.C.A. § 781, for damages alleged to have been sustained by the Cavelier. The respondent prayed that the libel be dismissed upon the grounds that it failed to state a cause of action within the provisions of the Public Vessels Act for which the United States has consented to be sued. The district court dismissed the libel for want of jurisdiction.

The district…