Yasutomi v. United Netherlands Navigation Co.

17 Kakyū Minshū (Nos. 9-10) 874 (1966)

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Yasutomi v. United Netherlands Navigation Co.

Yokohama District Court
17 Kakyū Minshū (Nos. 9-10) 874 (1966)

Facts

United Netherlands Navigation Co. (United) (defendant), a Dutch company with no offices or permanent property in Japan, owned and operated a ship called the Sinoutakerk. The Sinoutakerk collided with a yacht in Japanese waters, resulting in the death of Shigeo Yasutomi. Yasutomi’s family (plaintiffs) filed suit against United in Japan, alleging that the accident was caused by the gross negligence of the captain of the Sinoutakerk. Yasutomi’s family sought to recover damages and a provisional attachment on the Servaaskert, another ship owned by United that was stationed at a Japanese port and played a role in the accident. Yasutomi’s family sought the provisional attachment to satisfy a potential judgment against United. United motioned to dismiss, arguing that the Japanese court lacked jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Taguchi, J.)

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