New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-12-31
UNITED STATES SUPREME COURT.
PROCEEDINGS IN REM FOR MARITIME TORT
A RRLDGE REAL ESTATE. AND IL so, is l-

PROCEEDINGS IN REM FOR MARITIME TORT-S
A BRIDGE REAL ESTATE, AND If so, Is 1T
LIABLE TO SUCH A PROCESS, WHEN CAUSING
DAMAGE TO sHIPS2
Railroad Bridge
This cause comes from the Circuit Court for
the Northern District OF Illinois The libel was filed
against 50 much OF the Rock Island Railroad bridge
over the Mississippi River as les WITHIN tle NOrhetn
District OF Illinois, for damage done by that part OF the
bridge" steamboats, the property OF the appellant,
while engaged In navigating that river IL is alleged thaI
the bridge obscts the free navigation OF the river ana
that by public law and private right the channel OF the
river should be kept clear, and that both rights have
been involved by the erection or the bridge Inc gam
laid at $1,000 The vessels are thrown upon the
turn-table pier Of Il bridge
The prayer process in against the bridge, It's
flooring sppurtenances, and Entertainments, and that
they may be condemned and sold 10 pay for the damage
due service made ana subsequently the Missouri Rail
road Company, the Chicago and Rock Island Railroad
ants and objected the Jurisdiction OF the Court sub
hitting that without authority TO proceed against
the bridge in the sought taking the ground that
action in could not be maintained unless mari
time lien existed in favor Of the hbelants upon the
property becd and that such lien can exist upon
the bridge either in consequence Of tort by reason OF
contract because i u real property Inc GROUND was
also TAKEN that the locality OF the tort did not give Jurs
The District Court sustained the objection and dis
missed the libel and the Circuit Court affirmed that
Judgment The cause thence comes here the appellant
claiming that the locality OF the tort brings tue cause
ever the subject Of Admiralty jurisdiction becomes
was committed resolves the question; and in support OF
this position the language OF Mr. Justice Nelson the
case % % we o Soevr CccmrpS and Whether on hoard
vessel not II upon the high seas or nayigabe waters
il OF Admiralty cOgnzance." This was a tort com
menced aud contaminated navigable water and com
mited against vessels protected by the Admiralty law
contended that wherever marine tort has been COM
mitted, through the instIumentahty OF On oHenuihg
e1rention TO this rule can be found Tie bridge is a
nuisance and II IL Is TO be deemed, ia technical sense
real estate it has tcrOngttlly become and 1t can
therefore
character Its ostensbe owners can derive no species OF
advantage or benefit from their own wrong.
A W. Arlington, for appellants Is O. Cook, opposed
WASHINGTON, Dec. 30.-In the Supreme Court
OF the United to-day the ChiefJustce announced
the adoption Of the following rule ordered, that upon
the filing Of transcript Of record brought up BY writ
OF error appeal the appearance OF the counsel for the
plaintiff In appellant shall be entered ana no
motion TO dismlssexeept on special assgnme1t py inc
given the adverse party or the counsel or attorney Oh
The following decisions were rendered: No At. Galena
Dubuque Dunleth, and Minnesota Packet CSmpspy up
as lies within the Northern District OF Illinois-RocS
island Railroad Company and Mississippi and Missouri
EonT az G6SPah G sate for the NorheTn District Of
Illinois. Mr.. Justice Field delivered the opinion OF tne
Court Affirming the decree OF the said crcue Court in
No. 2S Lukins 4 Linton, appellants, ast. cnrd &
states for te Western District OF Arkansas MI Justice
Davis delivered the opinion OF the Court reversing inc
decree OF the said District Court IN this cause aud re-
handing the cause, with directions.
No 10 Wicker, plaintiff IN error agt. HOppock, IN
error TO the Circuit Court OF the United states for the
Northern District OF Illinois Mr.. Justice Swayne dev-
cred the opinion OF the Court affirming the Judgment or
tho said Circuit Court in this cause with costs and inter
est Mr. Justice Clifford aud Mr. Justice Miller dissenting
"a 10 the rule OF damages.
No 90 MumfordI plaintiff In error, agt. wardwel, in
Northern District OF California. MI Justice Clifford de.
lyerpd the opinion Of the Court affirming tho judgment or
The said Circuit Court in this cause, with costs
No 49, Schooner Flying Scud and cargo agt. Coymari
ct al claimants. Appellants appeal from the District
Court OF the United States for the Eastern District OF
Louisiana Mr.. Justice Nelson delivered the opinion or
tine Court affirming much OF the decree OF the SAID Dis
trct Court relates TO the cotton claimed by Lopez
Gov and reversing the TO the cotton claimed by
Aldge COymari and remandng the cause 10 the SAID
District Court with directions TO enter decree for the
claimants Adge and Coynar restoring their cotton with
costs.
No T. Southern Steamship Company Of New Orleans,
pains in error agt Masters and Mardens OF the Port
OF New Orleans in To the Supreme Court Of tho
State OF Louisiana. Mr.. ChetJustlCe Chase delivered
the opinion OF the Court reversing the Judgment Oh the
sad Supreme Court OF the State or Louisiana IN this
cause wthcosts and demanding the 70 said Supreme
Court for further proceedings IN conformity to the
opinion OF this Court.
No. 10 Lockwood appellant agt Schooner Grace Grid
er her tackle &c Ordered by the Court that tle appel
ants have leave to make proof OF jurisdcOna value by
sdavits. and TO file such proofs with the Clerk OF this
Court within % days from this date, Ia default OF which
the cause shall stand dismissed.
No Co. County Of Lane plaintiff in error agt State Of
Oregon Case argued
Adjourned until Monday, Jan. 9.