United States Supreme Court Cases & Opinions

U.S. Supreme Court

Chappell v. Bradshaw, 128 U.S. 132 (1888)

Chappell v. Bradshaw

No. 1037

Submitted October 22, 1889

Decided October 29, 1888

128 U.S. 132

Syllabus

To give this Court jurisdiction to review the judgment of a state court under § 709, Rev.Stat. because of the denial by the state court of any title, right, privilege or immunity, claimed under the Constitution or any treaty or statute of the United States, it must appear on the record that such title, right, privilege or immunity was "specially set up or claimed" at the proper time in the proper way.

An action of trespass on the case for damages by fire to the plaintiff's vessel in a port of the United States, alleged to have resulted from the negligence of the defendant's servant in cutting a burning scow or lighter loose from a wharf and allowing it to drift against the vessel is "a common law remedy" which the common law "is competent to give," and which is saved to suitors by the provisions of § 563 Rev.Stat., conferring admiralty and maritime jurisdiction upon district courts of the United States.

Page 128 U. S. 133

Motion to dismiss or affirm. The case is stated in the

opinion of the court.