United States v. Thompson

Background

Three collision cases involved ships that were owned or chartered by the United States and used for wartime public service. The Western Maid, Liberty, and Carolinian were operating with government crews when collisions occurred in 1917–1919. Each vessel was later returned to private owners and, months or years later, private parties filed lawsuits against the ships to recover damages. The District Courts allowed the suits to proceed or refused to dismiss, and the Attorney General asked the Supreme Court to stop the lower courts from exercising jurisdiction over those actions.

Reasoning

The Court framed the question as whether claims arising from collisions while the ships were in government service can be enforced against the vessels once they returned to private hands. The majority, led by Justice Holmes, said no. The United States had not consented to be sued for torts, and maritime rules apply only as the sovereign accepts them. Allowing claims that did not exist while the Government owned and operated the ships would undermine that immunity. The Court therefore granted writs of prohibition to prevent the lower courts from taking jurisdiction.

Real world impact

The decision prevents claimants from seizing or suing former government-operated vessels for collisions that happened while those ships served the United States. Owners and insurers of such ships face less exposure for wartime service; claimants seeking damages must look elsewhere. The ruling stops the three proceedings and limits future similar in‑rem actions.

Dissents or concurrances

Justice McKenna dissented, arguing maritime law treats a ship as the wrongdoer and that liens and claims should be enforceable once the vessel left government possession; Justices Day and Clarke joined his opinion.