Foster v. Davenport,
Annotate this Case
63 U.S. 244 (1859)
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U.S. Supreme Court
Foster v. Davenport, 63 U.S. 22 How. 244 244 (1859)
Foster v. Davenport
63 U.S. (22 How.) 244
The principle established in the preceding case extends also to a steamboat employed as a lighter and towboat, sometimes towing vessels beyond the outer bar of the bay, and into the gulf to the distance of several miles.
The character of the navigation and business in which this boat was employed cannot be distinguished from that in which the vessels it towed or unloaded were engaged. The lightering or towing was but the prolongation of the voyage of the vessels assisted to their port of destination.
The case was similar to the preceding one of Sinnot
v. Davenport, except that the steamboat Swan was employed as a lighter and towboat upon waters within the State of Alabama. It was therefore insisted that she was engaged exclusively in the domestic trade and commerce, and consequently could be distinguished from the preceding case. Both were argued together by the same counsel.