U.S. Supreme Court LANGNES v. GREEN, 282 U.S. 531 (1931)

[Page 282 U.S. 531, 532]

Messrs. Robert E. Bronson and H. B. Jones, both of Seattle, Wash., for petitioner.

Messrs. Winter S. Martin and Samuel B. Bassett, both of Seattle, Wash ., for respondent.

Mr. Justice SUTHERLAND delivered the opinion of the Court.

Petitioner, as sole owner of the fishing vessel Aloha, on February 24, 1928, brought a proceeding in the federal District Court for the Western District of Washington, praying a limitation of liability under Rev. St. 4283, 4284, 4285 (U. S. C. title 46, 183, 184, 185 (46 USCA 183-185 )), which are copied in the margin. [Footnote 1] It was stipulated by the

[Page 282 U.S. 531, 544]

cided there are, first, whether the defendant is liable at all, and, if so, as to the value of the vessel and her freight, which is the limit of defendant's liability.' See, also, Delaware River Ferry Co. v. Amos (D. C.) 179 F. 756.

Disposition of the matter, so as to allow the action to proceed in the state court, finds warrant in like principles which have been applied in other kinds of cases. Admiralty courts, for example, have complete jurisdiction over suits of a maritime nature between foreigners. Nevertheless, 'the question is one of discretion in every case, and the court will not take cognizance of the case if justice would be as well done by remitting the parties to their home forum.' The Maggie Hammond, 9 Wall. 435, 457; The Belgenland, 114 U.S. 355, 368, 5 S. Ct. 860; Charter Shipping Co. v. Bowring, etc., 281 U.S. 515, 517, 50 S. Ct. 400. See, also, generally, Watts, Watts & Co. v. Unione Austriaca, etc., supra; and compare the opinion of the District Court upon the point in the same case, 224 F. 188, 191. So, while the courts of this country have and may entertain jurisdiction of actions between nonresident foreigners for torts committed in a foreign country, they will exercise such jurisdiction in their discretion and only in special cases. Dewitt v. Buchanan, 54 Barb. (N. Y.) 31, 34. And see, also, National Telephone Manuf. Co. v. Du Bois, 165 Mass. 117, 118, 42 N. E. 510, 30 L. R. A. 628, 52 Am. St. Rep. 503; Harris et al. v. Pullman et al., 84 Ill. 20, 27, 25 Am. Rep. 416.

The decrees of both courts below must be reversed and the cause remanded to the District Court for further proceedings in conformity with this opinion.

Reversed. Footnotes

Footnote 1 Sec. 4283. The liability of the owner of any vessel, for any embezzlement, loss, or destriction, by any person, of any property, goods, or merchandise, shipped or puton board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred without the privity, or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel, and her freight then pending.

Sec. 4284. Whenever any such embezzlement, loss, or destribution is suffered by several freighters or owners of goods, wares, merchandise, or any property whatever, on the same voyage, and the whole value of the vessel, and her freight for the voyage, is not sufficient to make compensation to each of them, they shall receive compensation from the owner of the vessel in proportion to their respective losses; and for that purpose the freighters and owners of the property, and the owner of the vessel, or any of them, may take the appropriate proceedings in any court, for the purpose of apportioning the sum for which the owner of the vessel may be liable among the parties entitled thereto.

Sec. 4285. It shall be deemed a sufficient compliance on the part of such owner with the requirements of this Title relating to his liability for any embezzlement, loss, or destruction of any property, goods, or merchandise, if he shall transfer his interest in such vessel and freight, for the benefit of such claimants, to a trustee, to be appointed by any court of competent jurisdiction, to act as such trustee for the person who may prove to be legally entitled thereto; from and after which transfer all claims and proceedings against the owner shall cease.