The Alzena
District Court, E.D. Pennsylvania
In Admiralty. Hearing on libel and answer. This was a libel by John H. Truxton, a pilot licensed under an act of assembly of the state of Delaware, approved April 5, 1881, against the schooner Alzena, setting forth that on March 15, 1882, he tendered his services as a pilot to the schooner Alzena, sugar laden, then outside of the breakwater, on a voyage from a foreign port up the Delaware bay and river to the port of Philadelphia; that by the provisions of the said act of…
Read the full summary
In Admiralty. Hearing on libel and answer. This was a libel by John H. Truxton, a pilot licensed under an act of assembly of the state of Delaware, approved April 5, 1881, against the schooner Alzena, setting forth that on March 15, 1882, he tendered his services as a pilot to the schooner Alzena, sugar laden, then outside of the breakwater, on a voyage from a foreign port up the Delaware bay and river to the port of Philadelphia; that by the provisions of the said act of the state of Delaware the vessel was bound to accept the services of the first pilot who offered, and in case of refusal…
1Opinion of the Court
Butler, D. J.
The decision in The Clymene, 9 Feb. Rep. 165, and 12 Fed. Rep. 346, covers everything embraced in this case, except the question of remedy; and this must be determined against the respondent. In view of the following authorities no discussion seems necessary: The America, 1 Low. 178; The California, 1 Sawy. 463; The George S. Wright, 1 Deady, 591; The Glencarne, 7 Fed. Rep. 604.
A decree must be entered in favor of the libelant.
McKenkan, C. J., sat on the argument, and concurred in above opinion
Pilotage. The power of congress to legislate on any subject is exclusive only when a…
2Cases cited15 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
- Crandall v. NevadaSupreme Court of the United States · 1868
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Marshall v. The EarnwellDistrict Court, E.D. Pennsylvania · 1895