Waring v. Clarke
Supreme Court of the United States
-This case was an appeal from the Circuit Court of the United States for East Louisiana. It was a suit in admiralty, brought originally in the District Court for the Eastern District of Louisiana, by Thomas Clarke, as late master of the steamboat Luda, and as agent for .her owners, against the steamboat De Soto and her owners, Waring and Delman, to obtain compensation for the destruction of the Luda by means of a collision between said boats.
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-This case was an appeal from the Circuit Court of the United States for East Louisiana. It was a suit in admiralty, brought originally in the District Court for the Eastern District of Louisiana, by Thomas Clarke, as late master of the steamboat Luda, and as agent for .her owners, against the steamboat De Soto and her owners, Waring and Delman, to obtain compensation for the destruction of the Luda by means of a collision between said boats. A libel, answer, and supplemental libel and supplemental answer were filed, which were as follows : — To the Honorable Theodore H. McCaleb, Judge of…
1Opinion of the CourtJustice Wayne
This is a libel in rem, to recover damages for injuries-arising from a collision, alleged to have happened within the ebb "and flow of the tide in the Mississippi river, about ninety-five miles above New Orleans.
The decree of the Circuit Court is resisted upon the merits, and also upon the ground that the case is not within the admiralty and maritime jurisdiction of the courts of the United States.
We will first consider the point of jurisdiction.
The learned counsel for the appellants, Mr. Reverdy Johnson, contended, that, even if the evidence proved that the collision took place within the…
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