Cope v. Vallette Dry-Dock Co.
U.S. Circuit Court for the District of Eastern Louisiana
Admiralty Appeal. On the fifteenth day of December, 1881, the British steamer Clin-tonia,''while proceeding down the Mississippi river in front of New Orleans, took a sheer and collided with the Yallette dry-dock, moored on the right bank of the river, breaking a large hole in the side of the dock, which at once began to leak, whereupon two or more tugboats went to its assistance, pumped it out, and prevented it from sinking, and then libeled it for salvage.
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Admiralty Appeal. On the fifteenth day of December, 1881, the British steamer Clin-tonia,''while proceeding down the Mississippi river in front of New Orleans, took a sheer and collided with the Yallette dry-dock, moored on the right bank of the river, breaking a large hole in the side of the dock, which at once began to leak, whereupon two or more tugboats went to its assistance, pumped it out, and prevented it from sinking, and then libeled it for salvage. There was a plea that the court had no admiralty jurisdiction.
1Opinion of the Court
Woods, Justice.
Upon the findings of facts the question is pro-sented whether the services rendered by the libelants to the Valletta Dry-dock Company were of such a nature as to give the district court and this court, sitting in admiralty, jurisdiction over this case. We are of opinion that the services did not partake of the nature of salvage services. The structure to which they were rendered was not designed for navigation, and being practically incapable of navigation, it had no more connection with trade or commerce than á wharf, a ship-yard, or a fixed dry-dock, into which water-crafts…
Also in this document: Concurrence.
2Cases cited4 opinions
- The Hendrick HudsonDistrict Court, S.D. New York · 1869
- Fifty Thousand Feet of TimberDistrict Court, D. Massachusetts · 1871
- Maltby v. Steam Derrick BoatDistrict Court, E.D. Virginia · 1879
- Twenty-Three Bales of CottonDistrict Court, E.D. New York · 1877
3Cited by3 opinions
- Broere v. Two Thousand One Hundred Thirty-Three DollarsDistrict Court, E.D. New York · 1947
- Nogueira v. New York, N. H. & H. R. Co.Court of Appeals for the Second Circuit · 1929
- The CantonDistrict Court, D. Massachusetts · 1858