Aurora Shipping Co. v. Boyce

Citations

• 191 F. 960
• 112 C.C.A. 372
• 1911 U.S. App. LEXIS 5012

Syllabus

<p>1. Shipping (§§ 79, 87*) — Admiralty (§ 28*) — Jurisdiction—Suit in Rem for Maritime Tort — Oregon Statute.</p> <p>B. & C. Comp. Or. § 381, giving a right of action for wrongful death, together with section 5706, which provides that “every boat or vessel used in navigating the waters of this state * * * shall be liable and subject to a lien * * * tor damages or injuries done to persons or property by such boat or vessel,” and section 5708, which provides that “any person having a demand as aforesaid instead of proceeding against the master, owner, agent or consignee of the boat or vessel may at his option commence an action against such boat or vessel by name,” create a statutory right of action and a statutory lien on a vessel where the injury causing death happens on board such vessel within the state by reason of the fault or negligence of its officers, although the vessel was afloat on navigable waters and subject to the admiralty jurisdiction, and the injury constitutes a maritime tort, and such right of action and lien may be enforced by a suit in rem in a court of admiralty.</p> <p>[Ed. Note. — For other cases, see Shipping, Dec. Dig. §§ 79, 87 ;* Admiralty, Dec. Dig. § 28.*]</p> <p>2. Admiralty (§ 18*) — Jurisdiction—Attempted Limitation by State Statute.</p> <p>A state Legislature, while it may create a right of action for a maritime tort and a lien therefor, has no power to invest a court of the state with exclusive jurisdiction of suits in rem against vessels to enforce sucli right and lien.</p> <p>[Ed. Note. — For other cases, see Admiralty, Dec. Dig. § 18.*</p> <p>Admiralty jurisdiction of torts, see note to Campbell v. H. Hackfeld & Co., 62 C. C. A. 279.]</p> <p>8. Shipping (§ 87*) — Oregon Statute Giving Liens for Torts — Construction.</p> <p>B. & C. Comp. Or. § 5706, providing that boats and vessels shall be subject to a lien for damages or injuries done to persons or property, is not limited in its scope to such personal injuries only as do not r