Waterman Steamship Corp. v. United States

This case comes before the court on defendant’s motion to dismiss plaintiff’s petition. The question presented is whether a suit for general average contribution is maintainable under the Tucker Act, 28 U. S. C. 1491, as alleged by plaintiff, or whether its alleged cause of action is cognizable under the Suits in Admiralty Act, 46 U. S. C. 741 et seg. which vests exclusive jurisdiction in the Federal district courts.

The vessel involved, SS. A. P, Hill, was owned by the United States, bareboat chartered to plaintiff and then time chartered by plaintiff to the Government. While carrying…