James Moore Wayne

“ Suits at common law are a distinct class, so recognized in the constitution, whether they be such as are concurrent with suits of which there is jurisdiction in admiralty, or not. Can concurrent jurisdiction imply exclusion of jurisdiction from tribunals, in cases admitted to have been cases in admiralty, without trial by jury? Again, suits at common law indicate a class, to distinguish them from suits in equity and admiralty ”

“ The act of July 7th, 1838, in all its provisions, is obligatory upon the owners and masters of steamers navigating the waters of the United States, whether navigating on waters within a State or between States, or waters running from one State into another State, or on the coast of the United States between the ports of the same State or different States. ”

“ As to the merits of this case, as they are disclosed by the evidence, we think that the Luda was run down, whilst she was in the accustomed channel of upward navigation, by the De Soto, being out of that for which she should have been steered to make the port to which she was bound. It is a fault which makes the defendants answerable for the losses sustained from the collision. ”

“ That this honorable court, by reason of all the matters and things so above propounded and articulated, has not jurisdiction, and ought not to proceed to enforce the claim alleged in the libel aforesaid against the said steamboat De Soto, or against them, these respondents, intervening for their interest, or against these respondents in their proper persons, as prayed for in and by said libel.
Eighth. That all and singular the premises are true; in verification whereof, if desired, these respondents crave leave to refer to the depositions and other proof to be by them exhibited in this cause. ”

“ Signal lights at night are a proper precaution conducing to the safety of persons and property. The neglect of it, or of any other requirement of the statute, subjects the masters and owners of steamboats to a penalty of two hundred dollars, which may be recovered by suit or indictment (§ 11) . ”

“ And thereupon the said Thomas Clarke, as master and agent as aforesaid, doth allege and articulately propound, as amendatory and supplemental to the allegations articulately propounded in his said original libel, as follows:-- First. ”