Page:Federal Reporter, 1st Series, Volume 10.djvu/150

 138 FBDSBAL BEPOBT£B. �ously injured the libellant, W. A. Segar, who was one of the employes of the stevedore. fie was standing at the time on that part of the wharf which is called the apron, and which projects out over the water, resting on piles driven into the water, aud attached to that portion which is cribbed and filled in. He thereupon libelled the ship. The accident happened at the wharf of Beynolds Bros., in Norfolk. �Burroughs e Bro. and E. Spalding, for libellant. �Sharp e Hughes, for the ship. �Hughes, D. J. It is clear that the cause of action set out in the libel is without the jurisdiction of the admiralty. In cases of tort the locality alone determines the admiralty jurisdiction. Only those torts are maritime which bappen on navigable waters. If the injury complained of happened on land, it is not cognizable in the admi- ralty, even though it may have originated on the water. The Ply- mouth, 3 Wall. 20. This springs from the well-kijown principle, that there are two essential ingredients to a cause of action, viz., a wrong, and damage resulting from that wrong. Both must concur. To constitute a maritime cause of action, therefore, not only the wrong must originale on water, but tho damage^fche other necessary ingre- dient — must also happen on water. �Now, the injury in the case at bat happened on the land. Wharves and bridges are but improvements or extensions of the shore. They are fixed and immovable, and are a mere continuation and part of the real estate to which they are attached. And this is the case, whether they project over the water or not. Injuries ddne to or on tliem, therefore, are not cognizable in the admiralty. The Rock Island Bridge, 6 Wall. 213; The Neil Cochran, 1 Brown, Adm. 162; The Ottawa, la. 356. �Not being cognizable in the admiralty, such injuries cannot be made so by the state statute. Such a statute cannot, of itself, confer jurisdiction on the admiralty courts. The varions state statutes attempting this have no eiiect of themselves, but are operative only because, to a limited extent, they have been adopted by the twelfth rule in admiralty of the United States supreme court. And the only effect even of that rule is to annex the additional right of a proceeding in rem to a contract already maritime in nature. The Pacifie, 9 Fed, Eep. 120. �As the libel must be dismisaed for want of jurisdiction, I might well refrain from passing on the other questions discussed. But ��� �