Legal Opinion
Alva Steamship Co. v. City of New York
Court of Appeals for the Second Circuit
Decided January 7, 1969No. Nos. 30-31, Dockets 32256-32257PublishedCited by 9 opinions
1Opinion of the Court
LUMBARD, Chief Judge:
This appeal presents the question of whether the City of New York may be held liable in an admiralty suit for damages resulting from a shipboard explosion which occurred in the New York waters of New York Harbor during the execution by a salvor of a negligent order issued by the City’s Fire Commissioner. The district court, applying state law in the absence of any conflicting admiralty rule, held that under Section 8 of the New York Court of Claims Act1 the City was not liable for the consequences of the Commissioner’s “discretionary, quasi-judicial” order. Accordingly…
2Cases cited26 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
21 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dr. Harold D. Kletschka v. William J. Driver, Individually and as Administrator of the Veterans AdministrationCourt of Appeals for the Second Circuit · 1969
- Dale v. HahnCourt of Appeals for the Second Circuit · 1971
- Adams v. Harris County, TexasDistrict Court, S.D. Texas · 1970
- Alva Cape v. City of New YorkCourt of Appeals for the Second Circuit · 1969
- Piñeiro Manzano v. Estado Libre AsociadoSupreme Court of Puerto Rico · 1974
4 more not listed; retrieve them via the Exa API.