Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527, 9 (1995)

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Cite as: 513 U. S. 527 (1995)

Opinion of the Court

It must also have done it "by a vessel." Even though the barge was fastened to the river bottom and was in use as a work platform at the times in question, at other times it was used for transportation. See 3 F. 3d, at 229. Petitioners do not here seriously dispute the conclusion of each court below that the Great Lakes barge is, for admiralty tort purposes, a "vessel." The fact that the pile driving was done with a crane makes no difference under the location test, given the maritime law that ordinarily treats an "appurtenance" attached to a vessel in navigable waters as part of the vessel itself. See, e. g., Victory Carriers, Inc. v. Law, 404 U. S. 202, 210-211 (1971); Gutierrez, 373 U. S., at 209-210.1

Because the injuries suffered by Grubart and the other flood victims were caused by a vessel on navigable water, the location enquiry would seem to be at an end, "notwithstanding that such damage or injury [was] done or consummated on land." 46 U. S. C. App. § 740. Both Grubart and Chicago nonetheless ask us to subject the Extension Act to limitations not apparent from its text. While they concede that the Act refers to "all cases of damage or injury," they argue that "all" must not mean literally every such case, no matter how great the distance between the vessel's tortious activity and the resulting harm. They contend that, to be

1 Grubart argues, based on Margin v. Sea-Land Services, Inc., 812 F. 2d 973, 975 (CA5 1987), that an appurtenance is considered part of the vessel only when it is defective. See Brief for Petitioner in No. 93-762, pp. 34-35 (Grubart Brief). Margin, however, does not so hold. It dealt with a land-based crane that lowered a ship's hatch cover dangerously close to a welder working on a dock, and its result turned not on the condition of the hatch cover, the putative appurtenance, but on the fact that the plaintiff did not allege that "vessel negligence proximately caused his injury." 812 F. 2d, at 977. Indeed, the argument that Congress intended admiralty jurisdiction to extend to injuries caused by defective appurtenances, but not to appurtenances in good condition when operated negligently, makes no sense. See Gutierrez, 373 U. S., at 210 ("There is no distinction in admiralty between torts committed by the ship itself and by the ship's personnel while operating it . . .").

535

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