Allen v. Newberry,
Annotate this Case
62 U.S. 244 (1858)
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U.S. Supreme Court
Allen v. Newberry, 62 U.S. 21 How. 244 244 (1858)
Allen v. Newberry
62 U.S. (21 How.) 244
The act of Congress passed on the 26th of February, 1845, 5 Stat. 726, confines the admiralty jurisdiction of the federal courts upon the lakes to matters of contract and tort arising in, upon, or concerning steamboats and other vessels employed in the business of commerce and navigation between ports and places in different states and territories upon the lakes.
It does not extend, therefore, to a case where there was a shipment of goods from a port in a state to another port in the same state, both being in Wisconsin. And this is so although the vessel was a general ship, and bound, upon the voyage in question, to Chicago, a port in the State of Illinois.
What would be done in a case of general average, the Court does not now decide.
The facts of the case are stated in the opinion of the Court.