Cisco v. Roberts

Decided January 15, 1867

New York Court of Appeals · decided 1867-01-15

It was an action by plaintiff as a licensed pilot of the port of New York by the way of Sandy Hook, under existing pilotage laws of this state, to recover the sum of $57.60, due as pilotage of defendant’s steamer Empire City, into the port of New York, the plaintiff having offered his services to pilot the vessel into port, and having been refused.

Relies on The United States v. Michael Moore

Decided 1867-01-15

¶1■ Judgment was rendered for the defendant, on the ground *425that the state laws for the regulation of port pilotage, so far as they apply to vessels propelled by steam,-are in conflict with the act of congress. (Sess. Laws 1858, 921; Id. 1854, 459; Id. 1857, 500.)

¶2This court held, that the validity of our stat,e legislation on that'subject was not affected by the laws of congress, according to the decision of the supreme court of the United States in Cooley agt. Portwardens of Philadelphia (12 How. 209); Steamship Company agt. Joliff (2 Wallace, 450, 461-2); and Gilman agt. Philadelphia (3 Wallace, 731); and that the plaintiff was entitled to judgment.

¶3Judgment below reversed, and ordered to be given for plaintiff for $66.66, with interest and costs.

¶4All concur except Grover, J.