Steamboat Belfast v. Boon & Co.
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before tbe Hon. H. Chamberlain. The appellees in this case filed a libel, on the 30th March, 1866, against the steamboat Belfast, to recover damages for the loss of twenty-nine bales of cotton, part of a lot of one hundred bales, which were shipped by them on said steamboat, on the 23d January, 1866, at Vienna, in Pickens county, Alabama, consigned to J. E. Curran & Co. at Mobile.
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Appeal from the City Court of Mobile. Tried before tbe Hon. H. Chamberlain. The appellees in this case filed a libel, on the 30th March, 1866, against the steamboat Belfast, to recover damages for the loss of twenty-nine bales of cotton, part of a lot of one hundred bales, which were shipped by them on said steamboat, on the 23d January, 1866, at Vienna, in Pickens county, Alabama, consigned to J. E. Curran & Co. at Mobile. Libels were also filed against said steamboat by J. H. & S. B. Steers and John Watson & Co., (the libel of the former being filed on the 29th, and that of the latter on…
1Opinion of the CourtBybd, J.
1. It seems to be the settled law of England, that the maritime lien which a shipper has upon a vessel, for an injury to his goods, can not be enforced in a court of admiralty.—Abbott on Shipping, 127; Birley v. Gladstone, 3 M. & S. 205; Gladstone v. Birley, 2 Mer. 401; Pierson v. Robinson, 3 Swanst. 139, n. But in this country the rule is otherwise.—Clark v. Barnwell, 12 Howard, 272; Rich v. Lambert, ib. 347; Schooner Volunteer, 1 Sumner, 551; The Gold, Hunter, 1 Bl. & Howl. Adm. 300; The Boston, ib. 309.
Whether this lien attaches in fresh-water navigation, or where the water is partly fresh…
2Cases cited15 opinions
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