28 U.S.C. § 1873
Section 1873 · Admiralty and maritime cases
Amended 1 time on record
Applied in 33 court decisions — leading case Romero v. International Terminal Operating Co. (1959)
Most recently applied in 997 F. Supp. 2d 118 - Boston Ship Repair, LLC v. Starr Indemnity & Liability Co. (February 2014)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
In any case of admiralty and maritime jurisdiction relating to any matter of contract or tort arising upon or concerning any vessel of twenty tons or upward, enrolled and licensed for the coasting trade, and employed in the business of commerce and navigation between places in different states upon the lakes and navigable waters connecting said lakes, the trial of all issues of fact shall be by jury if either party demands it.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §770 (R.S. §§566, 648; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167).
Words “and Territories” following words “in different States” were omitted as obsolete. The act of February 26, 1845, ch. 20, 5 Stat. 726, from which this language was derived was intended primarily to cover the Great Lakes regions.
The first sentence of section 770 of title 28, U.S.C., 1940 ed., providing generally for the right of jury trials in district courts, was omitted as covered by Rule 38 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Federal Rules of Civil Procedure
Jury trial of right, see rule 38, Appendix to this title.
Federal Rules of Criminal Procedure
Trial by jury, see rule 23, Title 18, Appendix, Crimes and Criminal Procedure.