Maritime Cause

A cause arising from a maritime contract, whether made at sea or on land. The term includes such causes as relate to the business, commerce, or navigation of the sea; as charter parties, bills of lading, and other contracts of affreightment; bottomry and respondentia contracts; and contracts for maritime services in repairing, supplying, and navigating ships and vessels; contracts and quasi contracts respecting averages, contributions, and jettisons, when the party prosecuting has a maritime lien; and also those arising from torts and injuries committed on the high seas, or on other navigable waters within the admiralty jurisdiction.

A cause arising from a maritime contract, whether made at sea or on land. In all cases of contract the Jurisdiction but In cases of maritime tort and salvage their Jurisdiction depends upon the place 'in which the cause of action accrued; 1 Conkl. Adm. 19, 32. In general, the courts of common law have a concurrent jurisdiction with courts of admiralty in those cases which are prosecuted on the instance side of the court But the admiralty also has Jurisdiction of prize cases, and that jurisdiction is exclusive, except where affected by special statutes; Union Ins. Co. v. U. S., 6 Wall. (U. S.) 759, 18 L. Ed. 879. See Prize Courts. The jurisdiction of the district courts in civil cases of admiralty and maritime jurisdiction is exclusive of all others; nor can a state legislature confer jurisdlc-, tion upon a state court; The Moses Taylor, 4 Wall. (U. S.) 411, 18 L. Ed. 397; The Belfast, 7 Wall. (U. S.) 624, 19 L. Ed. 266. The admiralty Jurisdiction has been held not to extend to preliminary contracts, merely leading to the execution of maritime contracts; Andrews v. Ins. Co., 3 Mas. 6, Fed. Cas. No. 374; The Tribune, 3 Sumn. 144, Fed. Cas. No. 14,171; nor to trusts, although they may relate to maritime affairs; Davis v. Child, Daveis 71, Fed. Cas. No. 3,628; nor to enforcing a specific performance of a contract relating to maritime affairs; nor to a contract not maritime in its character, although the consideration for it may be maritime services; Plummer v. Webb, 4 Mas. 380, Fed. Cas. No. 11,233; nor to questions of possession and property between owner and mortgagee; Bogart v. The John Jay, 17 How. (U. 8.) 399, 15 L. Ed. 95; nor to contracts of affreightment from one port of the great lakes to another port in the same state; A1-. len V. Newberry, 21 How. (U. S.) 244, 16 L. Ed. 110. In the following cases (cited in Bened. Adm. § 214 a) actions have been sustained in admiralty: On an insurance policy; The Blackwall, 10 Wall. (U. S.) 1, 19 L. Ed. 870; against an owner of cargo in general average; The San Fernando v. Jackson, 12 Fed. 341; for weighing, inspecting, and measuring cargo; Constantine v. The River Queen, 2 Fed. 731; for coopering cargo; The E. A. Baisley, 13 Fed. 703; for compressing cargo; The Wivanhoe, 26 Fed. 927; for the services of a watchman; The Erinagh, 7 Fed. 235; a diver; The Murphy Tugs, 28 Fed. 429; an average adjuster; Coast Wrecking Co. V. Ins. Co., 7 Fed. 236; for the use of a dry dock; The Vidal Sala, 12 Fed. 207; for removing ballast; Roberts v. The Windermere, 2 Fed. 722; for lockage in. a river; Monongahela Nav. Co. v. The Bob Connell, 1 Fed. 218; for wharfage; Ex parte Easton, 95 U. S. 76, 24 L. Ed. 373; for insurance premiums; The Daisy Day, 40 Fed. 603; for launching a vessel which had been driven ashore; The Ella, 5 Hughes 125, 48 Fed. 569; for repairing a scow; Enduer v. Greco, 8 297; for the charter of a vessel yet to be built; The Baracoa, 44 Fed. 102; for services as watchman; The Maggie P., 32 Fed. 300; actions to try the title to a ship; Bened. Adm. § 276; but not to enforce a merely equitable tltie; The Eclipse, 136 U. S. 699, 10 Sup. Ct. 873, 34 D. Ed. 269. The following cases are not being vrtthin the maritime jurisdiction: For storage of sails; Hubbard v. Roach, 2 Fed. 393 {contra, Ex parte Lewis, 2 Gall. 483, Fed. Gas. No. 8,- 310); for services of a ship broker; The Thames, 10 Fed. 848; for wharfage while laid up in the winter; The Murphy Tugs, 28 Fed. 429; for receiving and storing cargo on board a vessel during the winter; The Pulaski, 33 Fed. 383; for obtaining a concession to dig guano; Wenberg v. A Cargo of Mineral Phosphate, 16 Fed. 285; for lease of a “bar” on board a vessel; The Illinois, 2 Fllpp. 427, Fed. ' Gas. No. 7,005; on a contract to navigate a raft; Raft of Cypress Logs, 1 Flipp. 643, Fed. Gas. No. 11,527; a contract to store wheat for the winter; The Pulaski, 33 Fed. 383; a contract by a master to carry cargo, sell it, and account for the proceeds; Krohn V. The Julia, 37 Fed. 369; for services in purchasing a vessel; Doolittle v. Knobeloch, 39 Fed. 40. As to passengers, it has been a question whether contracts for their transportation were within the jurisdiction; Brackett v. The Hercules, Gilp. 184, Fed. Gas. No. 1,702; but the contrary view is now established; The Moses Taylor, 4 Wail. (U. S.) 411, 18 L. Ed. 397. Stevedores were formerly not considered as rendering marine services, but the contrary view appears now to obtain; Bened. Adm. '8 285; The Gilbert Knapp, 37 Fed. 209; Danace v. The Magnolia, 37 Fed. 307; The Main, 61 Fed. 954, 2 C. O. A. 509. As to jurisdiction over foreign ships, all persons in time of peace have the right to resort to the tribunals of the nation where they may happen to be, for the protection of their rights, unless the jurisdiction is excluded by treaty, though sometimes, as in the case of foreign seamen, they will refuse, from considerations of expediency, to exercise their jurisdiction; Bened. Adm. ^ 282; thus, admiralty jurisdiction does not apply to claims of bad treatment suffered by an American serving as a seaman on a Norwegian vessel; The Welhaven, 65 Fed. 80. As to the jurisdiction of the Lord High Admiral of England, see “A Water Gourt,” 22 L. Mag. & Rev.' 142, by Sir S. Baker; “The Water Gourt of Saltash”; 20 L. Mag. & Rev,. 195. See Admibaltt; Whabfaqe; Stevedores; Pilots; Maeitihe; Maritime Contract; Maritime Tort; Lien; Bottombt; Resfondbnixa; Jettison; Ransom Bills. maritime codes not referred to under that title will be found in Bened. Adm. ch. xl.

A cause of action originating on the high seas, or growing out of a maritime contract. 1 Kent, Comm. 367, et seq.

Defined under Maritime in Black's Law Dictionary.