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Brady v. Roosevelt Steamship Co., 317 U.S. 575 (1943)

Brady v. Roosevelt Steamship Co.

No. 269

Argued December 18, 1942

Decided January 18, 1943

317 U.S. 575


1. An action to recover for a death resulting from injuries sustained when a rung of a ladder broke as the decedent, a United States customs inspector, in the course of his official duties, was climbing to board a vessel docked at a pier, is within the admiralty jurisdiction. Pp. 317 U. S. 576-577.

2. The Suits in Admiralty Act does not preclude a suit against a private corporation (none of whose stock is owned directly or indirectly by the United States) to recover damages for a maritime tort arising out of the negligent operation of a vessel owned by the United States Maritime Commission, and which the corporation operates under a contract made pursuant to § 707(c) of the Merchant Marine Act of 1936, even though the contract may give to the corporation in such case a right of exoneration or indemnity against the Commission. Fleet Corporation v. Lustgarten, 280 U. S. 320, overruled pro tanto. Pp. 317 U. S. 578, 317 U. S. 582.

The Suits in Admiralty Act does not restrict the remedy in such case to a libel in personam against the United States or the Maritime Commission.

128 F.2d 169 reversed.

Certiorari, post, p. 609, to review the reversal of a judgment for the plaintiff in a suit against the steamship company to recover damages for the death of plaintiff's intestate.

Page 317 U. S. 576

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