Schoonmaker v. Gilmore
Supreme Court of the United States
Motion to dismiss a writ of. error to the Supreme Court of .the State, of Pennsylvania, to which is united. a motion to affirm. This was an action on the case, brought in the Court of Common Pleas of ■ Allegheny ■ County, Pennsylvania, by Gilmore against Schoonmaker &' Brown, owners of' the steam-tug “ Jos. Bigley.”
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Motion to dismiss a writ of. error to the Supreme Court of .the State, of Pennsylvania, to which is united. a motion to affirm. This was an action on the case, brought in the Court of Common Pleas of ■ Allegheny ■ County, Pennsylvania, by Gilmore against Schoonmaker &' Brown, owners of' the steam-tug “ Jos. Bigley.” The declaration avers in substance that, by reason of the negligence of the defendants, the- tug, when descending the Ohio River, a few miles below Pittsburgh, collided" with and damaged certain barges belonging to the plaintiff. - The point was made by the defendants, that the…
1Opinion of the CourtChief Justice Waite
the court.
The single question in this case is, whether the courts of the United States, as courts of admiralty, have exclusive jurisdiction of suits in personam, growing out of collisions between vessels while navigating the Ohio River. This is ..a Federal-question, and gives us jurisdiction; but we cannot consider it as any longer open to argument, as it -was decided substantially in The Moses Taylor, 4 Wall. 411; The Hine v. Trevor, id. 555; The Belfast, 7 id. 624; Leon v. Galceran, 11 id. 185; and Steamboat Company v. Chase, 16 id. 522. The Judiciary Act of 1789 (1 Stat. 73, sect. 9),…
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