United States Supreme Court Cases & Opinions

U.S. Supreme Court

Schoonmaker v. Gilmore, 102 U.S. 118 (1880)

Schoonmaker v. Gilmore

102 U.S. 118

Syllabus

The courts of the United States, as courts of admiralty, have not exclusive jurisdiction of suits in personam growing out of collisions between vessels while navigating the Ohio River.

This was an action on the case brought in the Court of Common Pleas of Allegheny County, Pennsylvania, by Gilmore against Schoonmaker & Brown, owners of the steam tug Jos. Bigley. The declaration avers in substance that, by reason of the negligence of the defendants, the tug, when descending the Ohio River, a few miles below Pittsburgh, collided with and damaged certain barges belonging to the plaintiff.

Page 102 U. S. 119

The point was made by the defendants that the courts of the United States have exclusive jurisdiction in cases of collision on navigable waters.

There was a judgment for the plaintiff, on the affirmance of which by the Supreme Court the defendants sued out this writ.