References are to pages. Ward, Chamberlain v., 204, 318, 340. | Western Metropolis, 156, 215. Ward v. The Dousman, 211, 300, 338, 348. Western Ins. Co. v. The Goody Ward v. The Fashion, 207, 212, 333, Westfield, The, 106, 246. 349, 350, 352, 388. Ward v. The A. Rossiter, 300. 376, 381. Warring v. Clark, 1, 2, 18. 340. Washington, The, and The Greg ory, 344. Westhoff v. Oloff, 263. Westover, The, Hoben v., 49, 55, Wheeler v. The Eastern State, 205, 340, 163. Wheeling Bridge Co., Pennsylvania v., 36. Whisper, The, Williams v., 52, 247. Washington Irving, The, 207, 209, Whistler, The, Keene v., 414. 217, 223. Washington Steamboat & Transp. Co. v. George Storr, 136. Webster v. Disharoon, 415. Whitcomb v. Emmerson, 404, 411, 413. Whitehall Transp. Co. v. New Jer sey Steamboat Co., 96, 106. Whitney v. The Empire State, 217. Whitridge v. Dill, 158. Whitwell, Leonard v., 22, 23, 119, 133, 360, 361, 363, 381. Whitwell, Thomassen v., 20, 24, 344, 390, 396, 402, 403, 404, 410, 412, 417. Wells v. Armstrong, 210, 243. 248, W. H. Beaman, The, Aldrich v., 7, 375. Wells, McReady v., 338. Wells City, The, Crawford v., 34. 25. Wenona, The, 223. 8, 47, 262, 268, 291, 297. W. H. Clark, The, 49, 54, 62, 158, W. H. Vanderbilt, The, 177, 183. W. M. Wood, The, 189. Wesley A. Gore, The, 186, 255, 300. W. G. Hewes, Miller v., 32, 61. Wesley Seymour, The, 157. Wm. L. Norman, 409. West. Cent. & P. R. R. Co. v. The W. J. McCaldin, The, 109, 246. W. Transp. Co., Baltimore, etc. R. Wiggins, Adnis v., 250. References are to pages. William H. Payne, The, 187. William Orr, The, 272, 323. Wirth v. The William Murtagh, 281. Wisconsin, The, 98. Wise v. The Carrie T. Bronson, 116. William R. McCabe, The Jesse Mc- Wood v. Two Barges, 17. Wilson v. Canada Shipping Co., Yorkshireman, The, 365. MARINE COLLISIONS. CHAPTER I. JURISDICTION. Sec. 1. The maritime laws and courts of the United States had their origin in colonial times before the formation of the Union between the several states, and were continued until the constitution was finally adopted and the judicial system thereunder was organized. It was to the admiralty jurisdiction that existed at the time, and prior to the framing of the constitution, in the several states, that the framers of that instrument referred; and in determining the extent of the jurisdiction so conferred, reference must be had to the laws of the several states, and the usages of the courts prevailing at that time.' The power vested in the general government by the grant of admiralty jurisdiction must be ascertained only by inquiry as to what cases were cognizable in the courts of those states exercising maritime jurisdiction at the time the constitution was formed.2 The jurisdiction so conferred was not limited to that class of cases over which the admiralty courts of England exercised jurisdiction at the time of the Revolution. Its extent and nature is co-extensive with the general law of nations and the usages prevailing in the maritime courts of the various states at the time the federal government was formed.3 1 Cunningham v. Hall, 1 Cliff. 43; The Lottawanna, 2 Wall. 572. parte Easton, 95 U. S. 68; Cope v. Vallette Dry Dock Co., 10 Fed. R. People's Ferry Co. v. Beers, 20 142; Warring v. Clarke, 5 How. How. 393. 441; Insurance Co. v. Dunham, 11 The Seneca, 3 Wall. Jr. 395; Ex Wall. 1. The general policy of admiralty courts is to administer substantial justice without reference to the restrictions imposed on the same by the common law, their procedure partaking much of the nature of equity practice; and the disposition in this country has been rather to enlarge than to restrict their powers, giving to the language of the constitution the most liberal interpretation in this particular. Sec. 2. Courts having jurisdiction. District courts: By the judiciary act of September 24, 1789, the constitutional jurisdictional powers of the federal government over all causes of admiralty and maritime jurisdiction were vested in the district courts of the United States, "saving to suitors in all cases the right of a commonlaw remedy where the common law is competent to give it."1 The admiralty jurisdiction so confered by the constitution and the acts of congress is exclusive not only of the other federal courts, but also of the state courts. Although the district courts have jurisdiction at common law as well as in admiralty, and the same is vested in the same court, yet these jurisdictions are distinct and cannot be blended or confounded with each other; and in cases where the common law affords a remedy, the concurrent admiralty jurisdiction is not thereby necessarily taken away; the libelant having the choice of forum, and which of the peculiar remedies he desires to invoke, whether those of the common law or of admiralty. Circuit courts: The district courts of the United States only, have original jurisdiction, that of the circuit court of appeals and the supreme court being purely of an appellate nature." 1R. S. U. S., sec. 563, par. 8. 2 The Hine v. Trevor, 4 Wall. 555; Janson v. Vrow Christiana Magdalena, Bee, 11. 3 The Sarah, 8 Wheat. 391. Chubb v. The Hamburg-American Packet Co., 39 Fed. R. 431. 6 Jansen v. The Vrow Magdalena, Bee, Adm. 11; The Hollen, 1 Mason, 431. |