Legal Opinion

Foster v. Davenport

Supreme Court of the United States

Decided December 27, 1859PublishedCited by 18 opinions

This was a writ of error to the Supreme Court of Alabama. The case was similar to the preceding one of Sinnot and others v. Davenport, except that the steamboat Swan was employed as a lighter and towboat upon waters within the State of Alabama. It was therefore insisted that she was engaged exclusively in the domestic tra’de and commerce, and consequently could be distinguished from the preceding case. Both were argued together by the same counsel.

1Opinion of the CourtJustice Nelson

This is a writ of error to the Supreme Court of the State of Alabama.

The case is, in all respects, like the one just decided, except it is insisted that the steamboat was employed as a lighter and towboat upon waters within the State of Alabama, and therefore engaged exclusively in the domestic trade and commerce of the State.

According to the admitted state of • facts, this boat was engaged in lightering goods from and to vessels anchored in the lower bay of Mobile, and the wharves of the city, and in towing vessels anchored there to and from the city, and, in some instances, towing the same…

2Cited by18 opinions

  1. Kelly v. Washington Ex Rel. Foss Co.Supreme Court of the United States · 1937
  2. United States v. Colorado & N. W. R. Co.Court of Appeals for the Eighth Circuit · 1907
  3. Moran v. New OrleansSupreme Court of the United States · 1884
  4. Harman v. ChicagoSupreme Court of the United States · 1893
  5. Yangming Marine Transport Corp. v. Revon Products U.S.A., Inc.Court of Appeals of Maryland · 1988

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