Warner & Wife v. Steamship Uncle Sam
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Solano. This was an action to recover damages for the mal-performance of a contract to transport Mrs. Warner and infant child from San Francisco, via San Juan del Sur, to the city of New York.
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Appeal from the District Court of the Seventh Judicial District, County of Solano. This was an action to recover damages for the mal-performance of a contract to transport Mrs. Warner and infant child from San Francisco, via San Juan del Sur, to the city of New York. The complaint alleges a contract on the part of the agents of defendant to convey plaintiff Anne Warner, and her infant child, from San Francisco, in California, via San Juan, in Nicaragua, to Hew York, in consideration of certain money paid by plaintiff. That pursuant to the terms of the contract, plaintiff Anne embarked on…
1Opinion of the CourtBurnett, J.
The first ground of demurrer was that the Court had no jurisdiction, for the reason that the defendant was a foreign vessel, engaged in navigating the high seas, and not liable to be sued in a State Court. In the case of Taylor v. The Steamer Columbia, (5 Cal. Rep., 268,) this Court decided that the judicial power of the Courts of the United States, in admiralty and maritime causes, was not exclusive; that the States have the power to confer upon their Courts all admiralty and maritime jurisdiction, and that Congress has no power to make this jurisdiction exclusive in the Federal Courts. The…
2Cases cited6 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Slocum v. MayberrySupreme Court of the United States · 1817
- The ChusanU.S. Circuit Court for the District of Massachusetts · 1843
- Johnson v. GordonCalifornia Supreme Court · 1854
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3Cited by4 opinions
- Kirk v. J. S. Kimball Co.California Supreme Court · 1907
- Ord v. Steamer Uncle SamCalifornia Supreme Court · 1859
- Spencer v. Van CottUtah Supreme Court · 1880
- Zoom Imaging Solutions, Inc. v. RoeDistrict Court, E.D. California · 2020