Recent Problems in Admiralty Jurisdiction Electronic Resource
Recent Problems in Admiralty Jurisdiction Electronic Resource
Edgar Tremlett Fell
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R. , ion, decided March I, 1921, in the District Court of Maryland. Judge Rose held that the fact that a vessel was under requisition and was operated by the United States at the time of a collision would not exempt her from a suit in rem for the 86 RECENT PROBLEMS IN ADMIRALTY JURISDICTION As early as April, 1918, the District Court, Southern Dis- trict of New York, had, reached the same conclusion in the case of The Florence H. 72 However, the facts were some- what complicated in this earlier... case because the vessel at the time of the collision was on the high seas, manned by a French crew under a charter by the Shipping Board to the French Government to transport a cargo of food. The court felt that the ship was being employed " solely as a merchant vessel" and that the mere ownership of the cargo by the French Government did not make the employment of the vessel other than that of the usual " merchant vessel. " Since the stipulations did not show that the voyage was a part of the allied military operations of France and the United States, it would, said the court, under the modern practice of war, "be extremely difficult to undertake any line of limita- tion between what was a part of the military operations of a government and any ordinary mercantile activities.
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