WARING ET AL. v. CLARKE


46 U.S. 441 (____)

5 How. 441

NATHANIEL S. WARING AND PETER DALMAN, OWNERS OF THE STEAMBOAT DE SOTO, HER TACKLE, APPAREL, AND FURNITURE, APPELLANTS, v. THOMAS CLARKE, LATE MASTER OF THE STEAMBOAT LUDA, AND AGENT OF P.T. MARIONOUX AND T.J. ABEL, OWNERS OF SAID STEAMBOAT LUDA, HER TACKLE, APPAREL, FURNITURE, AND MACHINERY, APPELLEES.

Supreme Court of United States.


Attorney(s) appearing for the Case

The cause was argued by Mr. Johnson, for the appellants, and Mr. Crittenden, for the appellees.


Mr. Justice WAYNE delivered the opinion of the court.

This is a libel in rem, to recover damages for injuries arising from a collision, alleged to have happened within the ebb and flow of the tide in the Mississippi river, about ninety-five miles above New Orleans.

The decree of the Circuit Court is resisted upon the merits, and also upon the ground that the case is not within the admiralty and maritime jurisdiction of the courts of the United States.

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