Ken W2KB wrote: ↑Sat Feb 03, 2024 8:38 pm
Yes, locomotives cannot be arrested. It is my understanding that the only type of transportation equipment that can be arrested is a ship for actions related to operation on the high seas and some navigable waterways. A US Federal District Court judge sitting in admiralty jurisdiction will issue an arrest warrant, usually served upon the ship by a US Marshall, upon the filing of a bona fide complaint by a plaintiff seeking compensation for damages. The warrant is usually served by the US Marshall boarding the vessel and attaching a copy of the warrant to the mast or wheelhouse and copy served up the captain or highest officer present at the time. Thereafter the ship must remain at that berth until the court process including a trial if the matter is not disposed of otherwise, is completed.
Mr. Brown, you are a Member of the (NJ, I presume) Bar, and I'm just a retired CPA (IL), but something leads me to believe that the same doctrine applicable to maritime vessels as you outlined also applies to aircraft.
I'm thinking of the (to me) very poignant passages from a book
"Splash of Colors" by John J. Nance (former Braniff Captain as ABC News Aviation Safety Consultant) describing the chaos and confusion regarding Braniff Airways' shutdown of their international service and bankruptcy. They had to carefully time the Petition's (remember, you "petition" as distinct from the vernacular "declare") filing so that no aircraft was on the ground in a foreign jurisdiction which would lead to a potential seizure of it.
Finally, I know of a personal injury matter against Amtrak where the Plaintiff attempted to seize an Amtrak engine; apparently without success.