Murray v. Clark
New York Court of Common Pleas
Appeal by defendants from a judgment of the First District Oourt. The action was brought by the plaintiff, a Sandy Hook pilot, licensed under the State law, against the defendants as part owners of the steamer St. Louis, for pilotage under § ‘29 of the Act of April 3, 1857; 1 L. of N. T. 1857, p. 502. The defendants claimed that the St. Louis was a coastwise steam vessel, in charge of a U. S. pilot, and that the act of Congress of February 28th, 1871, made such a vessel…
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Appeal by defendants from a judgment of the First District Oourt. The action was brought by the plaintiff, a Sandy Hook pilot, licensed under the State law, against the defendants as part owners of the steamer St. Louis, for pilotage under § ‘29 of the Act of April 3, 1857; 1 L. of N. T. 1857, p. 502. The defendants claimed that the St. Louis was a coastwise steam vessel, in charge of a U. S. pilot, and that the act of Congress of February 28th, 1871, made such a vessel subject only to the navigation laws of the United States. That the State act was'inoperative in such a case. They also…
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—The facts stated in the plaintiff’s affidavit were sufficient to warrant a finding that the plaintiff was, within the meaning of the State law of April 3, 1857, § 29, the pilot first speaking .or offering his services to pilot the vessel. The remaining question is, whether the vessel was a “ coastwise steam vessel,” within the meaning of the 51st section of'the United States act of February 28, 1871.
That section provides that all vessels propelled in whole or in part by steam, when navigating within the jurisdiction of the United States, shall be subject to the…
2Cases cited2 opinions
- Steamship Co. v. JoliffeSupreme Court of the United States · 1865
- Cisco v. . RobertsNew York Court of Appeals · 1867
3Cited by4 opinions
- Anderson v. Pacific Coast Steamship Co.Supreme Court of the United States · 1912
- Dock v. TriestinaNew York Supreme Court · 1931
- Joslyn v. NickersonU.S. Circuit Court for the District of Massachusetts · 1880
- The QueenCourt of Appeals for the Ninth Circuit · 1910