Legal Opinion

Norway v. Jensen

Illinois Supreme Court

Decided September 15, 1869PublishedCited by 13 opinions

Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gaby, Judge, presiding. This was a suit commenced in the court below, by Christian Jensen, against the schooner “ Norway,” to recover damages sustained by the plaintiff, in consequence of injuries received by him when employed as a sailor on board said vessel, caused by the falling of a block connected with the “ fish tackle,” upon the plaintiff, by reason of the breaking of the “fish tackle pennant,” a portion of…

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Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gaby, Judge, presiding. This was a suit commenced in the court below, by Christian Jensen, against the schooner “ Norway,” to recover damages sustained by the plaintiff, in consequence of injuries received by him when employed as a sailor on board said vessel, caused by the falling of a block connected with the “ fish tackle,” upon the plaintiff, by reason of the breaking of the “fish tackle pennant,” a portion of the rigging used in “ catting ” or raising the anchor from the catheads on board the vessel. The suit was commenced on…

1Opinion of the CourtChief Justice Beeese

The important question presented by this record is one of jurisdiction. Did the plaintiff, by his affidavit, bring himself within the provisions of the act of February 16,1857, entitled, “ Liability of Yessels ” ? ■ Scates’ Comp. 789.

Appellant’s counsel contends that the class of vessels and boats against which the statute provides this summary remedy, consists only of such as are navigating “ the rivers ” within and bordering on this State, while the affidavit states only that the vessel was navigating the “ waters ” within and bordering thereon.

It is an admitted principle that a party…

2Cases cited2 opinions

  1. Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
  2. Williamson v. HoganIllinois Supreme Court · 1868

3Cited by13 opinions

  1. Pittsburgh, Cincinnati & St. Louis Railway Co. v. AdamsIndiana Supreme Court · 1886
  2. Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
  3. Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
  4. Evansville & Terre Haute Railroad v. DuelIndiana Supreme Court · 1893
  5. Bowman v. American River Transportation Co.Illinois Supreme Court · 2005

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