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ROGERS v. M/V RALPH BOLLINGER

Civ. A. No. 67-169.

279 F.Supp. 92 (1968)

Noah ROGERS, Plaintiff, v. M/V RALPH BOLLINGER and B & B Towing Company, Inc., Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

February 1, 1968.

Attorney(s) appearing for the Case

Philip E. Henderson, Houma, La., for plaintiff.

T. C. W. Ellis, New Orleans, La., for defendants.

Richard J. Meunier, New Orleans, La., for George Bollinger and Richard Bollinger.

RUBIN, District Judge:

A ship under construction, launched and lying in navigable waters, but not yet completed, is not a vessel in navigation. Hence a shipyard worker injured aboard it is not entitled to a warranty of seaworthiness. But it is afloat, and accidents happening on it occur on navigable waters. Therefore, the admiralty jurisdiction of this Court extends to tort claims arising from such accidents. Thus, insofar as the shipyard worker in this case is concerned...

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