Legal Opinion

Trevor v. The Steamboat Ad. Hine

Supreme Court of Iowa

Decided December 5, 1864Published

Appeal from, Scoit District Court. This suit was brought to recover damages resulting from the steamboat “Ad. Hine” running against the steamboat “Sunshine” (owned by plaintiff), in the Mississippi, at St. Louis. The proceedings were had under chapter 148 pf the Revision, and an attachment was issued, the boat seized, a bond given for its discharge as therein provided.

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Appeal from, Scoit District Court. This suit was brought to recover damages resulting from the steamboat “Ad. Hine” running against the steamboat “Sunshine” (owned by plaintiff), in the Mississippi, at St. Louis. The proceedings were had under chapter 148 pf the Revision, and an attachment was issued, the boat seized, a bond given for its discharge as therein provided. At the appearance term, the defendant moved to dismiss the suit, because it was a proceeding against the boat for a marine tort alleged to have been committed on the Mississippi river, and the United States courts have…

1Opinion of the CourtCole, J.

1. Jurisdiction: maritime torts. The sole question presented in tbis case, both by the record and the assignment of error, is this: Is the jurisdiction of the admiralty courts of the United States exclusive in all cases of mariti me torts? The Constitution of the United States, art. 3, §2, provides, that “the judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty…

2Cases cited7 opinions

  1. Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
  2. United States v. CoombsSupreme Court of the United States · 1838
  3. The Steam-Boat Thomas JeffersonSupreme Court of the United States · 1825
  4. Barnes v. ColeNew York Supreme Court · 1839
  5. Germain v. Steam Tug IndianaIllinois Supreme Court · 1850

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