Calmar Steamship Corp. v. Scott et al. (345 U.S. 427)
U.S. Supreme Court · decided April 27, 1953 · Supreme Court Database (Spaeth)
- Citation
- 345 U.S. 427 · 73 S. Ct. 739
- Docket
- No. 303
- Argued
- January 15, 1953
- Decided
- April 27, 1953
- Term
- October Term 1952
- Vote
- 6–3
- Majority author
- Justice Frankfurter
- Issue area
- Economic Activity
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Justice Clark, Justice Burton, Justice R. H. Jackson, Justice Frankfurter (wrote), Justice Reed, Justice Black
- Dissenting
- Chief Justice Vinson, Justice Minton (wrote), Justice Douglas (wrote)
Opinion excerpt
Mr. Justice Frankfurter delivered the opinion of the Court. This is a suit in admiralty against British underwriters on a war-risk policy issued to cover the Calmar Corporation’s S. S. Portmar for a voyage, in the winter of 1941-1942, from the United States to a port or ports in the Philippine Islands and return to an Atlantic or Pacific port in the United States. After the voyage had commenced Australia was duly substituted for the Philippine Islands as the outbound destination. The Portmar was under charter to the United States. This suit, based on damage inflicted by enemy aircraft, was tried together with a libel against the United States claiming recovery for the same damage as well as additional charter hire. See post, p. 446. The District Court held the underwriters liable for a constructive total loss of the vessel. 103 F. Supp. 243. The Court of Appeals reversed. 197 F. 2d 795. We granted certiorari, 344 U. S. 853, because wide use, so the Court was advised, of the clauses of this policy makes their construction, a necessary issue here, a matter of more than individual concern. Pursuant to the charter agreement between the Calmar Corporation and the United States, the Portmar left San Francisco for Manila on November 28, 1941. She carried high-octane gasoline, ammunition and other military supplies and equipment. She was some 600 miles southeast of the Hawaiian…
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