The Mary Stewart
District Court, E.D. Virginia
In June, 1881, the ship Mary Stewart was chartered by Reynolds Bros., of Norfolk, to load with cotton. By the charter-party, Reynolds Bros, agreed to furnish and pay for the stevedoring, and the ship agreed to furnish the tackle necessary for loading. The officers of the ship had no control over the manner in which the stevedoring was carried on, but the ship was entirely under the control of the stevedores while loading. The ship furnished a three-inch rope.
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In June, 1881, the ship Mary Stewart was chartered by Reynolds Bros., of Norfolk, to load with cotton. By the charter-party, Reynolds Bros, agreed to furnish and pay for the stevedoring, and the ship agreed to furnish the tackle necessary for loading. The officers of the ship had no control over the manner in which the stevedoring was carried on, but the ship was entirely under the control of the stevedores while loading. The ship furnished a three-inch rope. One end of this rope was fastened to an engine which stood on the wharf and furnished the hoisting power. The rope was then passed…
1Opinion of the Court
Hughes, D. J.
It is clear that the cause of action set out in the libel is without the jurisdiction of the admiralty. In cases of tort the locality alone determines the admiralty jurisdiction. Only those torts are maritime which happen on navigable waters. If the injury complained of happened on land, it is not cognizable in the admiralty, even though it may have originated on the water. The Plymouth, 3 Wall. 20. This springs from the well-known principle, that there are two essential ingredients to a cause of action, viz., a wrong, and damage resulting from that wrong. Both must concur. To…
2Cases cited3 opinions
- The PlymouthSupreme Court of the United States · 1866
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- The Rock Island BridgeSupreme Court of the United States · 1867
3Cited by13 opinions
- Hermann v. Port Blakely Mill Co.District Court, N.D. California · 1895
- Cordrey v. SteamshipOregon Supreme Court · 1922
- Fematt v. City of Los Angeles, Cal.District Court, S.D. California · 1961
- The StraboDistrict Court, E.D. New York · 1898
- Anderson v. The Mary GarrettDistrict Court, N.D. California · 1894
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