Ex Parte Ferry Company - 104 U.S. 519 (1881)
U.S. Supreme Court
Ex Parte Ferry Company, 104 U.S. 519 (1881)
Ex Parte Ferry Company
104 U.S. 519
Ex Parte Gordon, supra, p. 104 U. S. 515, reaffirmed, the doctrines there announced being applicable, although the amount involved in the suit below is not sufficient to give this Court appellate jurisdiction.
James H. Cuddy exhibited his libel against the steamer Garland, her engines, &c., in the District Court of the United States for the Eastern District of Michigan, alleging that he was the father of David Cuddy and William H. Cuddy, aged respectively ten and thirteen years, passengers on board a steam yacht bound up the Detroit River when she was sunk by the Garland, whereby they were drowned, and he was deprived of their earnings, services, and society. The sinking of the yacht and their death are charged to be the direct result of the negligence and unskillfulness of the Garland.
In a supplemental libel, he alleges that he was duly appointed administrator of the estate of each of his sons, and he charges that he is entitled to damages in the sum of $4,000 for their death not only by virtue of his relationship, but as their personal representative, his right in that behalf being created by the law of Michigan.
The Garland was seized. On the application of the Detroit River Ferry Company, the claimant, she was appraised and surrendered. The company now prays for a writ from this court to prohibit the proceedings as beyond the jurisdiction of the district court.