Calmar Steamship Corp. v. United States (345 U.S. 446)
U.S. Supreme Court · decided April 27, 1953 · Supreme Court Database (Spaeth)
- Citation
- 345 U.S. 446 · 73 S. Ct. 733
- Decided
- April 27, 1953
- Term
- October Term 1952
- Vote
- 9–0
- Majority author
- Justice Frankfurter
- Issue area
- Economic Activity
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Frankfurter delivered the opinion of the Court. By the Suits in Admiralty Act the United States consents, under defined conditions, to the filing against it in the District Courts of libels in personam. Libels which concern vessels “operated by or for the United States” and “employed as merchant vessels” are authorized. The question in this case is whether a privately owned steamship, undoubtedly “operated ... for the United States,” was “employed as a merchant vessel” within the meaning of the Act while carrying military supplies and equipment for hire. Since a considerable volume of litigation appears to be affected, we granted certiorari, 344 U. S. 853, on a petition which the Government did not oppose. The vessel here, the S. S. Portmar, and the voyage are those involved in No. 303, Calmar Steamship Corp. v. Scott, ante, p. 427, which was tried together with this suit. Calmaras claim against the United States is for additional charter hire and for the loss of its vessel. The latter claim is based on two theories. The United States, it is said, is liable as an insurer to the extent that war-risk insurance purchased pursuant to the provisions of Article 2.17 of the charter does not cover the loss. The United States is also liable, Calmar contends, because the loss of the Portmar was a result of compliance by its master with orders issued under authority of the…
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