John A. Kloster v. S. S. Chatham and Waterman Steamship Corporation
John A. KLOSTER, Appellant, v. S. S. CHATHAM and Waterman Steamship Corporation, Appellees
Opinion
PER CURIAM:
John Kloster, a longshoreman, brought this action for injuries he received while loading pipe from a gondola ear into the S.S. CHATHAM. Kloster alleged unseaworthiness and negligence of the ship’s crew in permitting mooring lines to become slack. The slack, he claims, allowed the CHATHAM to be washed against the pier by the wake of a passing vessel. This movement, he says, caused the ship’s hoisting line to dislodge a section of pipe which struck him. The district court found neither unseaworthiness nor negligence. However, deeming the ease to involve a pierside injury, the *44 court dismissed the suit for lack of admiralty jurisdiction on authority of Victory Carriers v. Law, 404 U.S. 202 , 92 S.Ct. 418 , 30 L.Ed.2d 383 (1971), and Snydor v. Villain & Fassio et Compania Internazionale di Genova Societa Reunite di Naviagaione S.P.A., 459 F.2d 365 (4th Cir. 1972).
While Kloster’s complaint against the ship and its gear was sufficient" to state a claim within the admiralty jurisdiction of the district court, the findings of fact on the merits of the case are not clearly erroneous. Accordingly, the judgment of the district court is affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(allegation that ship’s crew was negligent in allowing mooring lines to become slack during gondola-to-ship loading was sufficient to bring suit in admiralty)
Cited by 3 cases
View all citing references →Relies on it most ⓘ
- Inez Marie Drachenberg, Widow of Tracy v. Lilly v. Canal Barge Company, Inc., Jena Marine Corporation and Xyz Insurance Company
- Raymond E. Pryor, Personal Representative of the Estate of Marion L. Stephens, Deceased v. American President Lines
- Clara Swinton Bonds, as Administratrix of the Estate of Franklin Hassie Bonds v. Mortensen and Lange and the M/v "Fetish" and Rederiet Mascot K/s
Most recent
- Clara Swinton Bonds, as Administratrix of the Estate of Franklin Hassie Bonds v. Mortensen and Lange and the M/v "Fetish" and Rederiet Mascot K/s
- Inez Marie Drachenberg, Widow of Tracy v. Lilly v. Canal Barge Company, Inc., Jena Marine Corporation and Xyz Insurance Company
- Raymond E. Pryor, Personal Representative of the Estate of Marion L. Stephens, Deceased v. American President Lines
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