Taylor v. The Steamer Columbia
California Supreme Court
Appeal from the "District Court of the Eighth Judicial District, Klamath County. The plaintiff in his complaint sets out that he entered into a contract with the Steamer Columbia, through her proper officers, for the transportation of himself and family, together with their baggage, from the Port of San Francisco to the Port of Crescent City, in the State of California.
Read the full summary
Appeal from the "District Court of the Eighth Judicial District, Klamath County. The plaintiff in his complaint sets out that he entered into a contract with the Steamer Columbia, through her proper officers, for the transportation of himself and family, together with their baggage, from the Port of San Francisco to the Port of Crescent City, in the State of California. That he performed all of his portion oí the contract so entered into—paying his passage money, delivering his baggage, and embarking his family. That at the time of filing the complaint, the steamship was, and had for a long…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., and Bryan, J., concurred.
In the case of Averill v. The Steamer Hartford, 2 Cal., 308, we *273decided that the Act “ providing for actions against steamers, vessels and boats, confers upon the District Courts Admiralty jurisdiction pro tanto, and the proceedings in such actions must be governed by the principles and forms of Admiralty Courts, except when otherwise controlled or directed by the Act.”
It is argued by the appellant that this Act is unconstitutional, because the second section of the third article of the Constitution of the United States declares: “ The judicial power…
2Cases cited2 opinions
- Johnson v. GordonCalifornia Supreme Court · 1854
- Averill v. The Steamer HartfordCalifornia Supreme Court · 1852
3Cited by2 opinions
- Fischer v. CareyCalifornia Supreme Court · 1916
- Warner & Wife v. Steamship Uncle SamCalifornia Supreme Court · 1858