The Dick Keys
U.S. Circuit Court for the District of Southern Ohio
Appeal from district court of .the United States for the southern district of Ohio. In admiralty. These were cross actions brought in the admiralty court, which, by the order of that court, were consolidated.
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Appeal from district court of .the United States for the southern district of Ohio. In admiralty. These were cross actions brought in the admiralty court, which, by the order of that court, were consolidated. The libellants, [John] Scott & [John A.] Dublé, allege that they are the owners of the steamboat Yorktown No. 2, and of the barge No. 2, which, on the 2d of December, 1854, were lying at the port of Cincinnati, in the district aforesaid, and that by the -usages, of navigation on the Ohio and Mississippi rivers, barges are used by steamboats, as appurtenant thereto, for towing up and down…
1Opinion of the Court
McLEAN, Circuit Justice.
It is contended that this is not a maritime contract, or one of which a court in admiralty can take jurisdiction.
This is admitted to be a proceeding in rem. in which the steamer Dick Keys is sought to be made responsible, on the ground of a maritime lien. ' I am not aware that a question similar to this has at any time been raised. Had the contract been made for the mere towage of one or more barges, for hire, it could not be considered as a maritime contract. But this was not the nature or effect of the contract.
In certain stages of the water in the Ohio and…
2Cases cited1 opinion
- Gleim v. Steamboat BelmontSupreme Court of Missouri · 1847
3Cited by5 opinions
- The Murphy TugsDistrict Court, E.D. Michigan · 1886
- EVANS v. STARBUCKDistrict Court, E.D. Pennsylvania · 1894
- Arnold v. Eastin's TrusteeCourt of Appeals of Kentucky · 1903
- A. F. Bartlett & Co. v. Steam Dredge No. 14Michigan Supreme Court · 1895
- Taylor v. The Ida MeyerDistrict Court, E.D. New York · 1887