Nelson v. Leland

THIS was an appeal from the Circuit Court of the United States for the eastern district of Louisiana, sitting in admiralty.

It was a case of collision between the steamboat Brigadier General R. H. Stokes and a flat-boat called 'Clear the Track,' which occurred upon the Yazoo river, 200 miles above its mouth where it empties into the Mississippi, twelve miles above Vicksburg, and wholly within the State of Mississippi. Its waters are fresh, and there are no tides in it. The libel was filed by Nelson & Co., the consignees of the flat-boat, and of 366 bales of cotton shipped on board of it.

The District Court gave judgment in favor of the libellants for the sum reported by the commissioners, viz: $7,616.44. The Circuit Court was of opinion that the exception taken to the jurisdiction of the court was well founded, annulled the decree of the District Court, and dismissed the libel with costs. The libellants appealed to this court.

At December term, 1857, Mr. Gillet, of counsel for the appellees, moved the court to dismiss this appeal, 'upon the ground of a want of jurisdiction originally in the District Court.' Upon which motion, Mr. Chief Justice Taney delivered the opinion of the court, that the question of jurisdiction in the lower court is a proper one for appeal to this court, and for argument when the case is regularly reached, and that this court have jurisdiction on such appeal. The motion to dismiss the appeal on that ground was therefore overruled.

At that term, Mr. Gillet and Mr. Cushing filed an elaborate brief against the jurisdiction of the courts of the United States in this case; but at that term the court decided the case of Jackson v. Steamboat Magnolia, which is reported in 20 Howard, 292. The points and authorities referred to in the brief were examined and ruled in that case, and therefore it is not necessary to state them in the present report.

The case was argued upon the facts as they appeared in evidence by Mr. Pike for the appellants, and Mr. Gillet for the appellees. Each party accused the other of negligence and want of skill in several particulars, which points would be of little interest to the general reader, and are therefore passed over.

Mr. Justice McLEAN delivered the opinion of the court.