Legal Opinion

Cleveland Terminal & Valley Railroad Co. v. Cleveland Steamship Co.

Supreme Court of the United States

Decided February 24, 1908No. 84PublishedCited by 118 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. This is an appeal from a final decree of the United States District Court for the Northern District of Ohio, Eastern Division, in admiralty, dismissing 'appellants’ libel on the appellee’s exception thereto, on the ground that the court had ' not jurisdiction of the subject matter.

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. This is an appeal from a final decree of the United States District Court for the Northern District of Ohio, Eastern Division, in admiralty, dismissing 'appellants’ libel on the appellee’s exception thereto, on the ground that the court had ' not jurisdiction of the subject matter. It comes here directly on a certificate as to the jurisdiction under § 5 of the act of 1891. The libel was in rem against the steam propeller William E. Reis, owned by appellee, and was based on injuries inflicted to the'center…

1Opinion of the CourtChief Justice Fuller

The certificate below included the libel in full and certified four questions; but we are not called upon to answer them seriatim, and must determine the case on our conclusion as to whether the record discloses a maritime tort justifying the exercise of. admiralty jurisdiction.

In The Plymouth, 3 Wall. 20, Mr. Justice Nelson, delivering the opinion of the court, said that the true meaning of the rule of locality in cases of maritime torts was that the wrong must have been committed wholly on navigable watérs, or, at least, the substance and consummation.of the same must have taken place upon…

2Cases cited4 opinions

  1. The PlymouthSupreme Court of the United States · 1866
  2. Johnson v. Chicago & Pacific Elevator Co.Supreme Court of the United States · 1886
  3. The BlackheathSupreme Court of the United States · 1904
  4. Ex Parte Phenix Insurance CompanySupreme Court of the United States · 1886

3Cited by118 opinions

  1. Crowell v. BensonSupreme Court of the United States · 1932
  2. Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co.Supreme Court of the United States · 1995
  3. Tandon v. Captain's Cove Marina of Bridgeport, Inc.Court of Appeals for the Second Circuit · 2014
  4. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971
  5. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1972

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