Black Diamond Steamship Corp. v. Robert Stewart & Sons, LTD. et al. (336 U.S. 386)
U.S. Supreme Court · decided March 14, 1949 · Supreme Court Database (Spaeth)
- Citation
- 336 U.S. 386 · 69 S. Ct. 622
- Decided
- March 14, 1949
- Term
- October Term 1948
- Vote
- 5–4
- Majority author
- Justice Frankfurter
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Frankfurter delivered the opinion of the Court. We brought these cases here because they call for determination of important issues in the administration of admiralty law. 335 U. S. 809. They bring for review a decree of the Court of Appeals for the Second Circuit affirming the dismissal of a petition for limited liability brought in the United States District Court for the Eastern District of New York by the United States as owner and the Black Diamond Steamship Corporation as bareboat charterer of the S. S. Norwalk Victory. 167 F. 2d 308. The facts controlling our decision are briefly these. On April 28, 1947, the Norwalk Victory, while proceeding down the Schelde River in the territorial waters of Belgium, collided with the British steamer Merganser. The Merganser sank with all her cargo; her chief steward was killed; in backing away from the Merganser the Norwalk Victory struck and damaged the bank of the Schelde. Soon after the collision the owners of the Merganser brought suit against Black Diamond in the High Court of Justice of England claiming damages in the amount of $1,000,000. That is the only proceeding which has been brought abroad. On October 14, 1947, the owners of the cargo lost in the sinking of the Merganser brought suit in the Eastern District of New York; aggregate claims thus far filed total nearly $1,000,000. In their petition for limitation…
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