The Empire
District Court, E.D. Michigan
In Admiralty. On motion for a new trial. This was a libel for damages suffered by the barge J ames F. Joy, while in tow of the steam-barge Empire, and by reason of her alleged negligence. The case was tried by a jury, pursuant to Rev. St. § 566, and a verdict returned for the libelant in the sum of $200. Motion was made for a new trial, upon the ground that there was no evidence to justify the jury in rendering a verdict for so small an amount.
1Opinion of the CourtBrown, J.
By Rev. St. § 566, “in causes of admiralty and maritime jurisdiction relating to any matter of contract or tort arising upon or concerning any vessel of 20 tons burden and upwards, enrolled and licensed for the coasting trade, and at the time employed in the business of commerce and navigation between places in different states and territories upon the lakes, and navigable waters connecting the lakes, the trial of issues of fact shall be by jury when either party requires it.” This somewhat unfortunate clause was introduced by the revisors into the statutes from a hasty dictum of Mr. Justice…
2Cases cited7 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- The EagleSupreme Court of the United States · 1869
- Dunphy v. Kleinsmith and DuerSupreme Court of the United States · 1871
- Dunn v. DunnMichigan Supreme Court · 1863
- The HypodameSupreme Court of the United States · 1868
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3Cited by7 opinions
- Jenkins v. RoderickDistrict Court, D. Massachusetts · 1957
- The Western StatesCourt of Appeals for the Second Circuit · 1908
- Nice v. Chesapeake and Ohio Railway CompanyDistrict Court, W.D. Michigan · 1969
- Frederickson v. Luedtke Construction Co.District Court, W.D. Michigan · 1977
- McCarthy v. Kent Circuit JudgeMichigan Supreme Court · 1898
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