Johnson v. Dalton
New York Supreme Court
On certiorari to the Marine Court of the city of jsfewYork. Dalton declared against Johnson in the Court be- ° . low, for an assault and battery, committed on the high seas, dn board the British ship Dominica, whereof Johnson was master.
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On certiorari to the Marine Court of the city of jsfewYork. Dalton declared against Johnson in the Court be- ° . low, for an assault and battery, committed on the high seas, dn board the British ship Dominica, whereof Johnson was master. The plaintiff and defendant were British subjects, The former had duly executed shipping articles at Liverpool, binding himself, according to the laws of England, to ^ 1 if r- z . v w , A proceed in the vessel irom Liverpool to ¿slew- York ; thence to Charleston, and back to Liverpool. It appeared, that when 15 or 16 days out from Liverpool, the vessel sprung…
1Opinion of the Court
Curia, per Woodworth, J.
The only question is, whether the Court below ought to have exercised jurisdiction in this case.
The Marine Court are authorized, by statute, to hear, try and determine all actions for assault and battery committed by the master or commander of any ship or vessel in any merchant service, upon any officer, seaman or mariner on thp high seas. (2 R. L. 382.) • This power is not limited to cases arising where the vessel and parties are citizens' of this country; for, by the law of nations, the Courts of the country to which the vessel belongs have not exclusive…
2Cases cited2 opinions
- Gardner v. ThomasNew York Supreme Court · 1817
- Bartlett v. WymanNew York Supreme Court · 1817
3Cited by26 opinions
- Mexican National Railway Co. v. JacksonTexas Supreme Court · 1896
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
- Burdick v. . FreemanNew York Court of Appeals · 1890
- Wertheim v. ClergueAppellate Division of the Supreme Court of the State of New York · 1900
- Evey v. Mexican Cent. Ry. Co.Court of Appeals for the Fifth Circuit · 1897
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