Opinion
February 20, 1950.
Present — Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ. [ 194 Misc. 299.]
Plaintiff appeals from an order dismissing his amended complaint for failure to state a cause of action in libel. The amended complaint alleges that the defendant published an article in which it was falsely stated that, after an inquiry by the Maritime Hearing Unit of the Coast Guard, plaintiff, the master of a ship, and another were found to have been at fault and to have violated the rules of the road whereby a collision occurred, and both were fined $50. No special damages are pleaded. Order unanimously affirmed, with $10 costs and disbursements. The article does not hold up the plaintiff to the public as an incompetent or unskilled master. A single instance in the conduct of his calling is stated to have been marked by a breach of the rules of the road. ( Twiggar v. Ossining Print. Pub. Co., 161 App. Div. 718; Foot v. Brown, 8 Johns. 64.) The article does not state plaintiff was charged with a crime or that the inquiry by the unit of the Coast Guard resulted in a criminal charge or fine for a crime. Section 158 of title 33 of the United States Code provides for a penalty but not imprisonment for violation of rules of local authority (§ 154). The penalty is collectible by a proceeding of a civil nature. ( Chicago, B. Q. Ry. Co. v. United States, 220 U.S. 559; Oceanic Navigation Co. v. Stranahan, 214 U.S. 320; U.S. Code, tit. 33, § 396; tit. 19, § 1604.)