Court
District Court, E. D. Virginia
Decided
Judge
HUGHES, District Judge
Posture
Libel in rem filed by administrator for damages from wrongful death
Libelant/Plaintiff (as administrator of Joseph Evich) (1)
Phillip B. Evich
Pollard & Sands
v.
Defendant (1)
The Glendale (steam tug)
William Flegenheimer
Decedent / victim: Joseph Evich
Other parties: H. and E. J. Furman (partners as Furman Bros) — Owners of The Glendale, E. A. Craddock — Commander of The Glendale, Phillip B. Evich — Father of deceased and witness, J. L. Ebenhack — Witness, Richard Coleman — Witness
Overview
The court holds that the administrator can maintain the libel in admiralty under the state statute and that The Glendale is liable for the wrongful death. An order is given to refer the case to a commissioner to determine the proper damages.
Case summary
This case involves a libel in rem filed by Phillip B. Evich, as administrator of his son Joseph Evich, against the steam tug Glendale for wrongful death. On June 7, 1895, Joseph Evich (age 12) was fishing in a rowboat on the James River near Richmond when the Glendale collided with the boat, capsizing it and causing Evich to drown. The district court held that the Glendale was carelessly navigated and liable for the death. The key legal issue was whether the administrator could bring a libel in admiralty under Virginia Code § 2902, which gives a personal representative a lien and right to sue in rem for wrongful death caused by a vessel. The court affirmed this right, finding admiralty jurisdiction over the maritime tort on navigable waters and that the state statute creates an enforceable lien. The court referred the case to a commissioner to assess damages.
Abstract
An administrator filed a libel in rem against a steam tug for the wrongful death of a minor caused by a collision on navigable waters that capsized a rowboat. The court held the vessel liable due to careless navigation and affirmed admiralty jurisdiction under the state statute granting the personal representative a right to sue in rem and an enforceable lien. The case was referred to a commissioner to assess damages.
Opinion of the court
Majority
opinionHUGHES, District Judge
opinionHUGHES, District Judge
- Admiralty jurisdiction exists over maritime tort on navigable waters
- State statute (Code Va. § 2902) creates lien enforceable in admiralty
- The Glendale was carelessly navigated and liable for death
- Follows reasoning of The City of Norwalk; The Harrisburg and The Corsair are not in conflict
Jurisdiction
not challengedStatutory basis
Section 2902 of the Code of Virginia
Subject matter
Admiralty jurisdiction over maritime tort on waters navigable from the sea
Jurisdictional holding
Court has admiralty jurisdiction; state statute creates lien enforceable in federal court
Jurisdictional facts
- Accident occurred on James river, half a mile below Richmond, on waters navigable from the sea
- Wrongful act was a maritime tort
Procedural posture
Posture at trial
Libel in rem filed by administrator for damages from wrongful death
Posture on appeal
Not an appeal; district court opinion
Preserved issues
- Right to bring libel in admiralty under state statute
- Liability of The Glendale for wrongful death
Subsequent history
Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed
Legal categories
Business
Case record
Full case name
THE GLENDALE. EVICH v. THE GLENDALE.
Docket number
Not specified
Court
District Court, E. D. Virginia
Trial court
District Court, E. D. Virginia
Trial court judge
HUGHES, District Judge
Decided
Opinion author
HUGHES, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
HUGHES, District Judge
Issues & holdings
2
Issues raised
2
affirmed
2
Holdings
1
Whether the administrator of Joseph Evich can bring a libel in admiralty against The Glendale for wrongful death under state statute
affirmed
Standard of review
de novo (legal issue of jurisdiction and statutory interpretation)
Disposition rationale
State statute creates lien enforceable in admiralty for maritime tort on navigable waters
Preservation
Issue preserved for review
2
Whether The Glendale is liable for the wrongful death of Joseph Evich
affirmed
Standard of review
clearly erroneous (factual findings based on evidence)
Disposition rationale
Evidence showed The Glendale was carelessly and improperly navigated, causing the collision and death
Preservation
Issue preserved for review
Holdings of the court
Admiralty jurisdiction and enforcement of state statute
A state statute (Code Va. § 2902) giving a right of suit in rem to a personal representative for wrongful death caused by a vessel creates a lien enforceable by libel in rem in federal court when the injury occurs on waters navigable from the sea
Admiralty jurisdiction covers maritime torts; state statute creates lien that can be enforced in admiralty; follows reasoning of The City of Norwalk; The Harrisburg and The Corsair do not conflict as they address timing and lien creation requirements, which are met here
unanimousbinding precedent
Liability of The Glendale
The Glendale is liable for damages caused by the collision and death of Joseph Evich due to careless and improper navigation
Evidence conclusively showed The Glendale was carelessly navigated, causing the collision; no contrary evidence presented
unanimousnon-binding
Statutory interpretation
1Statute
Code of Virginia § 2902
Question
Whether it creates a lien enforceable by libel in rem in admiralty for wrongful death caused by a vessel
Court's reading
The statute gives a personal representative a lien and right to sue in rem; this lien can be enforced in admiralty for maritime torts on navigable waters
Canons applied
Plain meaningHarmonization with admiralty jurisdiction
no legislative history
Burden of proof
Prosecution burden
Preponderance of evidence (civil admiralty case)
Defence burden
None specified
Burden met
true
Standards of review
- Right to bring libel in admiralty under state statute — de novo Legal issue of jurisdiction and statutory interpretation reviewed de novo
- Liability of The Glendale for wrongful death — clearly erroneous Factual findings based on voluminous evidence reviewed for clear error
Timeline
2
Events
577
Days, incident to ruling
—
Span
factual eventcited in opinion
Steam tug Glendale collided with rowboat carrying Joseph Evich and others, capsizing it and causing Evich's drowning
Underlying wrongful death giving rise to lawsuit
Liability for wrongful deathAdmiralty jurisdiction
rulingcited in opinion
District court issued opinion holding The Glendale liable and referring case to commissioner to assess damages
Outcome: Court found The Glendale liable; ordered damages assessment
Final ruling on liability and jurisdiction
Right to sue in admiraltyState statute lien enforcement
Facts & evidence
Incident
Date
Location
James river, half a mile below Richmond, Virginia
Key facts
6 facts- Joseph Evich (12 years old) was fishing with a seine in a small rowboat with his father and two others
- Steam tug Glendale, under command of E. A. Craddock, ran into the rowboat, capsizing it
- Joseph Evich drowned; others thrown into water
- Accident occurred near dusk, but still daylight; rowboat visible at 600 yards
- Rowboat near river bank in 9 feet of water; river channel depth 15 feet
- The Glendale owned by Furman Bros
Disputed questions
- None explicitly disputed; court found The Glendale carelessly navigated
Procedural history
2 steps- Libel in rem filed by Phillip B. Evich as administrator against The Glendale for $10,000 damages
- District court heard evidence and issued opinion
Evidence in the record
Direct
- Testimony of witnesses (Phillip B. Evich, J. L. Ebenhack, Richard Coleman) about collision
- Evidence that it was daylight and rowboat visible at 600 yards
Testimonial
- Witness accounts of the accident and navigation of The Glendale
Documentary
- Virginia Code § 2902
Circumstantial
- Depth of water (9 feet at rowboat location, 15 feet in channel) suggesting proximity to bank
Objects of relevance
Steam tug Glendale (vessel involved in collision)Rowboat and seine (fishing equipment of deceased)
Policy considerations
- Balancing state statutory rights with federal admiralty jurisdiction
- Ensuring remedies for wrongful deaths in maritime contexts
Authorities
Cited authorities (3)
The City of Norwalk, 55 Fed. 98
followedfollowedCited as supporting right of personal representative to maintain libel in admiralty under state statute
The Harrisburg, 119 U.S. 199, 7 Sup. Ct. 140
distinguisheddistinguishedCited as not conflicting; held suit must be brought within state-prescribed time if right exists
The Corsair, 145 U.S. 345, 12 Sup. Ct. 949
distinguisheddistinguishedCited as not conflicting; held suit cannot be brought unless lien expressly created by law
Related cases (3)
The City of Norwalk, 55 Fed. 98
prior appealAffirmed right of personal representative to maintain libel in admiralty under state statute
The Harrisburg, 119 U.S. 199, 7 Sup. Ct. 140
prior appealHeld that if right exists, suit must be brought within state-prescribed time limit
The Corsair, 145 U.S. 345, 12 Sup. Ct. 949
prior appealHeld suit cannot be brought unless lien is expressly created by law
Statutes
- Code of Virginia § 2902 (creates lien for wrongful death by vessel)
Standards & doctrines
- Admiralty jurisdiction doctrine for maritime torts
- Statutory lien enforcement in federal court
Legal principles applied
- Admiralty jurisdiction is not created by local statute but can enforce state-created liens
- Wrongful death actions are statutory, not common law
Notable quotes
“I am conclusively of opinion that the tug Glendale was carelessly and improperly, not to say wildly, navigated on the occasion, and is responsible for whatever damages may have been caused by the collision, and for the death of young Evich.”HUGHES, District Judge — Court's finding on liability after reviewing evidenceStrong language emphasizing fault of The Glendale
“The right of a personal representative to sue for a tort which caused the death of a deceased person did not exist at common law in any court. This right of suit exists solely by force of legislation.”HUGHES, District Judge — Discussion of statutory basis for wrongful death actionHighlights statutory creation of cause of action
Index terms62
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Entities and documentation
Legal actions
Action type
affirmed
Target
Right to bring libel in admiralty under state statute
Appealed from
Not applicable (district court opinion)
Context
Court affirmed the libelant's right to sue in admiralty under Virginia Code § 2902 for wrongful death on navigable waters
Scope
full
Disposition vote
unanimous
Action type
affirmed
Target
Liability of The Glendale for wrongful death
Appealed from
Not applicable
Context
Court affirmed liability of The Glendale based on evidence of careless navigation causing collision and death
Scope
full
Disposition vote
unanimous
Action type
remanded
Target
Damages assessment
Appealed from
Not applicable
Context
Court referred case to commissioner to inquire and report proper damages amount
Scope
further proceedings
Further instructions
Order to commissioner to inquire and report damages
Disposition vote
unanimous
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