Ex Parte Ferry Company

PETITION for a writ of prohibition.

James H. Cuddy exhibited his libel against the steamer 'Garland,' her engines, &c., in the District Court of the United States for the Eastern District of Michigan, alleging that he was the father of David Cuddy and William H. Cuddy, aged respectively ten and thirteen years, passengers on board a steam yacht bound up the Detroit River, when she was sunk by the 'Garland,' whereby they were drowned, and he was deprived of their earnings, services, and society. The sinking of the yacht and their death are charged to be the direct result of the engligence and unskilfulness of the 'Garland.'

In a supplemental libel he alleges that he was duly appointed administrator of the estate of each of his sons, and he charges that he is entitled to damages in the sum of $4,000 for their death, not only by virtue of his relationship, but as their personal representative, his right in that behalf being created by the law of Michigan.

The 'Garland' was seized. On the application of the Detroit River Ferry Company, the claimant, she was appraised and surrendered. The company now prays for a writ from this court to prohibit the proceedings, as beyond the jurisdiction of the District Court.

Mr. Henry C. Wisner for the petitioner.

Mr. Alfred Russell, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.