Gonsalves v. Moose Dry Dock & Repair Co.
Cases that cite this one
53 later published cases cite this decision. The 25 that cite it most often are listed here.
- Continental Casualty Co. v. Lawson (5th Cir. 1933)
- Calbeck v. Travelers Insurance Co. (Supreme Court of the United States 1962)
- Martinson v. State Industrial Accident Commission (Or. 1936)
- In re the Complaint of the Sea Vessel, Inc., for Exoneration From or Limitation of Liability as the Owner of the M/v Sea Lion v v. Juan Reyes (11th Cir. 1994)
- Torres v. City of New York (Appellate Division of the Supreme Court of New York 1992)
- Green v. Vermilion Corp. (5th Cir. 1998)
- Motor Ship Pacific Carrier v. Union Camp Corporation (3d Cir. 1974)
- Gypsum Carrier, Inc. v. Union Camp Corp. (5th Cir. 1974)
- Scudero v. Todd Shipyards Corp. (Wash. 1963)
- Travelers Insurance Company v. C. D. Calbeck (5th Cir. 1961)
- Travelers Insurance v. Calbeck (5th Cir. 1961)
- Dean v. Chesapeake Bay Ferry District (District Court, E.D. Virginia 1958)
- Reynolds v. Royal Mail Lines, Ltd. (United States District Court for the Southern District of California 1956)
- Rodriguez v. Union Oil Co. (United States District Court for the Southern District of California 1954)
- Baskin v. Industrial Accident Commission (Cal. Ct. App. 1950)
- Baskin v. Industrial Accident Commission (Cal. Ct. App. 1949)
- Gahagan Const. Corporation v. Armao (1st Cir. 1948)
- Melanson v. Bay State Dredging & Contracting Co. (District Court, D. Massachusetts 1943)
- Puget Sound Nav. Co. v. Marshall (District Court, W.D. Washington 1940)
- Southern Bell Telephone & Telegraph Co. v. Burke (5th Cir. 1933)
- Pillsbury Flour Mills Co. v. Interlake S. S. Co. (2d Cir. 1930)
- Fiannacca v. Booth & Co. (District Court, E.D. New York 1929)
- Colonna Shipyard v. Dunn (Va. 1928)
- Span v. John Baizley Iron Works (Pa. 1928)
- Colonna Shipyard, Inc. v. Bland (Va. 1928)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the Court.
Proceeding in admiralty appellant sought to recover damages for personal injuries received while he was employed by respondent and engaged in repairing the steamer “ Starmount.” Upon motion the trial court dismissed the libel, holding that it had no jurisdiction of the cause.
The libel alleges that respondent had charge of the work of repairing the shell plates of the steamer, then resting in a floating dock at Twenty-seventh Street, Brooklyn; that while employed by respondent and working oh board appellant suffered injuries through the explosion of a blau torch which the employer negligently permitted to be out of repair. The prayer was for monition according to the course and practice in admiralty and for damages.
Since the decree below (June 14,1921) we have decided Great Lakes Dredge & Dock Co. v. Kierejewski, 261 U. S. 479. The opinion there controls this cause unless the injuries sustained by appellant were not the result of tort, committed and effective, on navigable waters. In The Robert W. Parsons, 191 U. S. 17, 33, this Court hold that repairs to a vessel while in an ordinary dry dock were not made on land. The Steamship Jefferson, 215 U. S. 130. Here repairs were made upon the ship while supported by a structure floating on navigable waters. Clearly, the accident did not occur upon land. The doctrine followed in Cope v. Vallette Dry Dock Co., 119 U. S. 625, 627, that “ no structure that is not a ship or vessel is a subject of salvage,” has no application. That admiralty jurisdiction in tort matters depends upon locality is settled.
The judgment below must be reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.