Page:Federal Reporter, 1st Series, Volume 10.djvu/154

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

142 FEDEBAIi BBFORTER. �"The New Orleans A Red Biver Transportation Company shall have the privilege of appointing the captain, offlcers, and men of said steam-boat, and «hall havefuil and absolute control of said Bteam-boat as to time when and how she shall be employed during the existence of thia charter. �"At the expiration of this charter the said transportation company shall have the privilege of running it for one year, and of running it continuously at the expiration of each additional charter period, at its option." �The evidence shows that since the charter the transportation Com- pany has been running the boat on the terms in the charter, and that every year there has been ah express or tacit renewal of the con- tract by the transportation company. Ou the very trip she was bst she was advertised, loaded, and sailed under the auspices and for account of the transportation company. That the owner, Scoville, actually appointed the officers is of no weight, as it was evidei^tly done by the consent of the charterers. There can be no doubt that at the time of the injuries inflicted on Posey the transportation com- pany were the owners pro hac vice, and are responaible for their neg- ligence. , �The deoree of the district court will be affirmud by p roper decree entered in thia court ���CoPB and others r. Vallkttb Dby-Dook.* �(Diairict Court, E. D. Louitiana.- Januaiy 3, 1882. ) �li Admtraltt Airo MABirniB JubIsdiction, �This jurisdictioa, so far as relates to subject-matter, means that JnHsdlction which had beea and was being exercised in admii-alty in this country prier ta and at the adoption of the constitution, and with reference to locality, com- prises the navigable waters of the nation, as well as the high seag. �S. Saxie— Salvage— Dbt-Dock. �A claim for the salvage of a dry-dock — a floating dock capable of elevation or depression in the water by means of pumping water in or ont, designed and used to be sunk under vessels, and then pumped out so as to become dry, leav- Ing the enclosed vessel in a position to be inspected and repaired, and incapa- ble of self- propulsion, not capable of being used for any purpose of navigation, and permanently moored in the Mississippi river by means of enormous chaing — is not within the admiralty and maritime jurisdictiou of the courts of the United States. �Actipii i?» rem for salvage; The.libel alleged that the Vallette dry- dock, lying in New Orleans, on the right, bank of the Mississippi river, �•Reported by Joseph P. Hornor, Esq.. of the New Orleans bar. See same case on appeal, 16 Fed. Rep. 934. ��� �