The Congress
District Court, D. Wisconsin
In a'.tmiralty. This libel is for general average contribution. It propounds that the schooner Congress, on a voyage from Buffalo to Milwaukee, having on board a miscellaneous cargo on account of various consignees, on or about the 24th November, 1S53, encountered a storm on Lake Michigan, and on the 20th of the same month her masts and rigging were carried away, and she was entirely disabled; all her sails were gone but her mainsail, and that was badly split, and she came…
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In a'.tmiralty. This libel is for general average contribution. It propounds that the schooner Congress, on a voyage from Buffalo to Milwaukee, having on board a miscellaneous cargo on account of various consignees, on or about the 24th November, 1S53, encountered a storm on Lake Michigan, and on the 20th of the same month her masts and rigging were carried away, and she was entirely disabled; all her sails were gone but her mainsail, and that was badly split, and she came to anchor near the dock of the South Manitou island, on or about the first of December; that during the storm, for the…
1Opinion of the Court
MILLER, District Judge.
Has this court, in admiralty, jurisdiction in cases of general average? and, if so, is this a case of general average? In England, the court of admiralty has no jurisdiction in such cases. La Constancia, 2 W. Rob. Adm. 487. That court has been confined in its jurisdiction by the common law courts. Such has not been the case in America. Under the constitution of the United States, the district courts are vested with admiralty and maritime jurisdiction, and they have not been restricted within the narrow limits of the English admiralty. Waring v. Clark, 5 How. [46 U. S.]…
2Cases cited8 opinions
- Spafford v. DodgeMassachusetts Supreme Judicial Court · 1817
- Gillet v. EllisIllinois Supreme Court · 1850
- Chamberlain v. ReedSupreme Judicial Court of Maine · 1836
- Sims v. GurneySupreme Court of Pennsylvania · 1812
- Whitteridge v. NorrisMassachusetts Supreme Judicial Court · 1809
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- The JasonDistrict Court, S.D. New York · 1908