The H. S. Pickands
District Court, E.D. Michigan
In Admiralty. This was a libel in rem for personal injuries received under the following circumstances. In January, 1889, the steam-barge H. S. Pickands was lying in winter quarters at her wharf in Detroit, hemmed in by the ice.
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In Admiralty. This was a libel in rem for personal injuries received under the following circumstances. In January, 1889, the steam-barge H. S. Pickands was lying in winter quarters at her wharf in Detroit, hemmed in by the ice. She was at the time undergoing repairs, and libelant was engaged in doing some work connected with her boiler. ' Access to the steamer was gained by a ladder, about 12 feet in length, leading from the wharf to the bulwarks of the vessel, which had been secured at the bottom by a cleat which prevented its slipping. A few minutes before the accident, libelant himself…
1Opinion of the CourtBrown, J.
I am clear in my opinion that a court of admiralty has no jurisdiction of-this case. It has never been doubted since the case-of The Plymouth, 3 Wall. 20, that, to enable us to take cognizance of a maritime tort, the injury must have been consummated, and the damage received, upon the water. The mere fact that the wrongful act was done upon a ship is insufficient. Subsequent adjudications have in no wise tended to limit or qualify this rule. Ex parte Phenix Ins. Co., 118 U. S. 610, 7 Sup. Ct. Rep. 25; The Neil Cochran, Brown, Adm. 162; The Ottawa, Id. 356; The C. Accame, 20 Fed. Rep. 643; The…
2Cases cited4 opinions
- The PlymouthSupreme Court of the United States · 1866
- Leathers v. BlessingSupreme Court of the United States · 1882
- Ex Parte Phenix Insurance CompanySupreme Court of the United States · 1886
- Chalmers v. HowellDistrict Court, S.D. New York · 1877
3Cited by20 opinions
- Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971
- Victory Carriers, Inc. v. LawSupreme Court of the United States · 1972
- The Admiral PeoplesSupreme Court of the United States · 1935
- Hermann v. Port Blakely Mill Co.District Court, N.D. California · 1895
- Cordrey v. SteamshipOregon Supreme Court · 1922
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