Cyrus Leport, Jr. v. White River Barge Line

KALODNER, Circuit Judge.

Is negligent breach of a duty imposed by law to furnish medical care to an injured seaman an “accident” within the meaning of the Pennsylvania Non-Resident Vessel Owners’ Act 1 which provides for service of process on a non-resident owner or operator of a vessel by serving the Secretary of the Commonwealth in an action against such owner or operator “arising out of, or by reason of, any accident or collision, occurring within the waters of the Commonwealth in which such vessel is involved.”

The District Court answered the question in the negative. The issue is novel in…