Richard H. Clinton v. Joshua Hendy Corporation

The trial court on its own motion dismissed the complaint herein for lack of asserted admiralty jurisdiction. Defendant Joshua Hendy Corporation was never served, did not appear below, and has therefore filed no brief herein. The sole issue before this court is whether the cause of action alleged by appellant comes within the admiralty jurisdiction of the district court.

Appellant in his complaint asserts that the chief mate of appellee’s vessel, S.S. Marine Arrow, sent a libelous letter to appellant’s union. The letter, allegedly, was written on September 20, 1954, on the decks of the S.S. Marine Arrow, and was published on the same ship to agents of appellant’s union. As a result of this publication, appellant was expelled from his union. Appellant asserts that appellee, in publishing the allegedly false letter, violated its statutory duty to malte an honest report regarding the character and qualifications of a discharged seaman. 46 U.S.C.A. § 645 . Appellant also asserts strongly that, at the time the acts in dispute occurred, a “maritime relationship” existed between appellant and appellee. Appellant maintains, therefore, that appellee is liable to him for interfering with…