The Arkansas
U.S. Circuit Court for the Southern District of Iowa
In Admiralty. This is a proceeding in rem. The defendant steamer was libeled for an alleged marin’e tort, to the damage of the plaintiff’s property.
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In Admiralty. This is a proceeding in rem. The defendant steamer was libeled for an alleged marin’e tort, to the damage of the plaintiff’s property. The libelants allege that they are the owners of a depot for the reception and storage of oil upon the levee of the city of Keokuk, near the Mississippi river; that on or about the twenty-fourth day of April, 1882, by reason of an unusual and extraordinary flood of said river, the water extended up to and around the libelant’s said property; that, in consequence of the careless, negligent, and unskillful manner in which said steamer was managed…
1Opinion of the CourtLove, J.
Locality is the test of admiralty jurisdiction over marine torts. When, before the decision in The Genesee Chief, 12 How. 443, it was settled that there was no jurisdiction in admiralty above tide-water, it was also settled that a marine tort committed above tide-water was not within the cognizance of the admiralty. When, in that case, the supreme court decided that navigability, and not the flux of the tides, is the true test of this jurisdiction, the Amer*385ican courts of admiralty took cognizance of maritime contracts and torts upon our navigable rivers above as well as below tide-water; and,…
2Cases cited7 opinions
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- The PlymouthSupreme Court of the United States · 1866
- The Moses TaylorSupreme Court of the United States · 1867
- Atlee v. Packet Co.Supreme Court of the United States · 1875
- Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971
- Victory Carriers, Inc. v. LawSupreme Court of the United States · 1972
- Bowers Hydraulic Dredging Co. v. Federal Contracting Co.District Court, S.D. New York · 1906
- Hermann v. Port Blakely Mill Co.District Court, N.D. California · 1895
- The StraboDistrict Court, E.D. New York · 1898
6 more not listed; retrieve them via the Exa API.