Raft of Cypress Logs
District Court, W.D. Tennessee
Libel claimed for services as seamen and mariners employed in navigating a raft of cypress logs from New Madrid, Mo., to Memphis, Tenn., on the Mississippi river, and contained the usual averments as to length of service, good conduct and amount due. Claimants excepted upon the ground that the services were not maritime and that this court had no jurisdiction.
1Opinion of the Court
BROWN, District Judge.
Locality is the test of jurisdiction only in cases of tort, and the mere fact that the services in question were rendered upon navigable waters is clearly insufficient. In actions of contract the agreement sued upon must be maritime in its character; it must pertain in some way to the navigation of a vessel, having carrying capacity and employed as an instrument of travel, *170trade or commerce, .though its form, size and means of propulsion are immaterial. The Gen. Gass [Case No. 5,307].
If the service does not require some degree of maritime skill, it must contribute in…
2Cited by4 opinions
- The PulaskiDistrict Court, E.D. Michigan · 1888
- Cartier v. The F. & P. M.District Court, E.D. Wisconsin · 1888
- Muellerweisse v. Pile Driver E. O. A.U.S. Circuit Court for the District of Eastern Michigan · 1894
- Pacific Coast Steamship Co. v. MooreDistrict Court, N.D. California · 1896