McRoberts v. Steamboat Henry Clay
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for La Crosse County. Action commenced in June, 1858, for an injury alleged to have been done tbe plaintiff’s ferry boat by tbe steamer Henry Clay, by a collision, near tbe first rapids in tbe Mississippi river, in tbe state of Iowa, and wholly without the territorial limits of tbe state of Wisconsin.
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APPEAL from tbe Circuit Court for La Crosse County. Action commenced in June, 1858, for an injury alleged to have been done tbe plaintiff’s ferry boat by tbe steamer Henry Clay, by a collision, near tbe first rapids in tbe Mississippi river, in tbe state of Iowa, and wholly without the territorial limits of tbe state of Wisconsin. On the trial, the counsel for tbe defendant objected to the reception of any evidence in behalf of tbe plaintiff, on tbe ground that the court bad no jurisdiction of tbe action; and the court sustained tbe objection. It was admitted that tbe defendant was a boat…
1Opinion of the Court
By the Court,
PAINE, J.
As a mere question of construction on the language of our statute relating to proceedings against boats and vessels, tbe argument is very strong to show that it was the intent of tbe legislature to extend the remedy there given to all cases where boats were used in navigating tbe waters of this state, without reference to the question whether tbe contract was made, or tbe injury committed, in this state or not. Claims for wharfage or anchorage are expressly limited to those which'accrued within this state. And the limitation being confined to those alone, the implication…
2Cases cited2 opinions
- Hay v. Steamboat WinnebagoWisconsin Supreme Court · 1860
- The Steamboat J. P. Tweed v. RichardsIndiana Supreme Court · 1857
3Cited by2 opinions
- Thorsen v. The Schooner "J. B. Martin"Wisconsin Supreme Court · 1870
- The Theodore PerryDistrict Court, E.D. Michigan · 1878