The Dixie
The Dixie
Opinion of the Court
This is a libel in rem by the River Sand & Gravel Company against the dredge Dixie.. The libel alleges, in sub
The board of commissioners of the port of New Orleans appeared and claimed the dredge as owner, and subsequently filed an exception to the jurisdiction of the court, on the ground that the libel shows no admiralty lien.
The libel is in rem, and it is not alleged the then owner specifically pledged the Dixie in any way. It is not alleged the barge Texas was sunk by a collision with the Dixie. It is not even alleged she was lost by the negligence of the officers and crew of the Dixie. Therefore there is no lien arising from the tort of the Dixie. There were no services rendered to the Dixie, such, for instance, as towage or repairs, or salvage, and, of course, it is not contended any supplies were furnished. The lien seems to be claimed on the theory the vessels were engaged in a joint enterprise, and the aid given the Dixie by the others was maritime, and entitled their owners to a lien.
Admiralty liens are stricti juris, and not to be extended by construction or implication. Conceding, for the sake of argument, the very doubtful proposition that the Dixie was engaged in a maritime venture, it does not follow the contract between libelant and her owner created an implied lien on her. In this case tire allegations of the libel are inconsistent with the lien claimed. If there is no lien, necessarily there is no jurisdiction in rem. Vandewater v. Mills, 19 How. 82, 15 L. Ed. 554; The Alligator, 161 Fed. 37, 88 C. C. A. 201; Bouker Contracting Co. v. Proceeds, etc. (D. C.) 168 Fed. 428.
The libel will be dismissed.
Reference
- Full Case Name
- THE DIXIE
- Status
- Published