maritime tort

A maritime tort is a type of action which the Constitution had placed under national power to control in its substantive as well as its procedural features; a state may not deprive a person of any substantial admiralty rights as defined in controlling acts of Congress or by interpretative decisions of this Court.

One committed on the high seas, or otherwise within admiralty jurisdiction.

A tort which by reason of the place where it is committed is within the jurisdiction of admiralty. A tort committed upon water and which comes within the jurisdiction of a court of admiralty. The Arkansas, 17 Fed. 387. Admiralty courts have always had jurisdiction of torts committed upon the high seas, and there is also no question as to injuries upon waters of the sea where the tide ebbs and flows, but in the United States, where that is not the test, the jurisdiction would extend to any waters which for other purposes are held to be within the general admiralty jurisdiction. Civil jurisdiction of torts has been said to depend solely upon the place where the cause of action arises; The Commerce, 1 Black. (U. S.) 674, 17 L. Ed. 107; but a doubt is suggested whether it does not also “depend upon the relation of the parties to a ship or vessel, embracing only those tortious violations of maritime right and duty which occur in vessels, to which the admiralty jurisdiction in cases of contract applies.” Bened. Adm. § 308. This maritime jurisdiction of civil injuries has been held to extend to all cases of personal injuries committed by the master or his officers against passengers or seamen; id. § 309. if aided by a state statute enabling an administrator to sue for sucb injuries in ordinary cases; Crapo v. Allen, 1 Sprague 184, Fed. Gas. No. 3,360. It was held that no action would lie for tbe death of a person killed by a marine tort; The Harrisburg, 119 U. S. 199, 7 Sup. Ct. 140, 30 L. Ed. 368, where the decisions are collected. See Death. In that case the question whether an action in rem would lie was left undetermined. A personal action in such case has been maintained against the owner at common law; Mc Donald V. Mallory, 77 N. Y. 640, 33 Am. Rep. 604; and also in admiralty; The City of Norwalk, 65 Fed. 98. Every violent dispossession of property at sea is prime Jacie a maritime tort; The L'lnvindble, 1 Wheat. (U. S.) 238, 4 L. Ed. 80. An injury to a vessel from negligence in operating a drawbridge is a maritime tort, and a suit in admiralty will lie against the town therefor; Greenwood v. Town of Westport, 60 Fed. 560; Hill v. Board of Chosen Freeholders, 45 Fed. 260; Edgerton v. The Mayor, 27 Fed. 230; City of Boston v. Crowley, 88 Fed. 202. In actions for torts arising from negligence, courts of admiralty do not confine themselves within the limits of mere municipal law, but deal with the question of damage upon enlarged principles of justice, to the extent of dividing the damages in cases of mutual fault; Greenwood v. Town of Westport, 60 Fed. 660, 678; The Max Morris, 137 U. S. 1, 11 Sup. Ct. 29, 34 L. Ed. 586. See Mabitimb Cause.

A tort committed upon the high seas, or upon a navigable river or other navigable water, and hence (ailing within the jurisdiction of a court of admiralty. The term is never applied to a tort committed upon land, though relating to maritime matters. See The Plymouth, 3 Wall33,18 L. Ed. 125; Holmes v. Oregon & C. Ry. Co. (D. C.) 5 Fed. 77; In re Long Island, etc., Transp. Co. (D. C.) 5 Fed. 606; U. S. v. Burlington, etc., Ferry Co.. (I). C.) 21 Fed. 336.

Defined under Maritime in Black's Law Dictionary.