DocketNumber: Docket No. 58
Citation Numbers: 191 Mich. 151
Judges: Bird, Brooke, Kuhn, Moore, Ostrander, Person, Steere, Stone
Filed Date: 3/31/1916
Status: Precedential
Modified Date: 9/8/2022
(after stating the facts). Whether or not the complainant succeeded in showing such damages as would have entitled him to compensation in a proper proceeding, in our opinion, under the facts in this case, the court below had no jurisdiction of the matter. Though the complainant claims that the ship ceased navigation on December 3d, laid up for the winter opposite his premises, and became subject to a lien for wharfage under the statute, the facts clearly show that she did not actually go into winter quarters until after she had discharged her cargo on January 10th. Until then she awaited her turn for unloading, with the rest of the fleet, and as a carrier her employment did not cease until then. If a ship is engaged in the maritime business while unloading, a fortiori she is so engaged while waiting to unload. See Leathers v. Blessing, 105 U. S. 626; The Main, 51 Fed. 954, 957 (2 C. C. A. 569). In the case of The Murphy Tugs (D. C.), 28 Fed. 429, 432, in which a statutory lien for wharfage was refused, the vessel had laid up for the winter, and the decision is therefore not in point, in view of our conclusion that the Millinokett had not yet laid up. In The Pulaski (D. C.), 33 Fed. 383, while it was said that the contract would be adjudged to be a maritime if the storage were a mere incident of transportation (as it was here), the ship was adjudged to be not engaged in navigation because “the contract is primarily for storage, and the transportation is a mere contingency, possible or probable, in the future.”
In The Richard Winslow (D. C.), 67 Fed. 259, the
We are satisfied that this is an action in rem to enforce a lien against a vessel engaged at the time in maritime service, and may be brought only in the admiralty courts of the United States. Where the lien sought to be enforced is one against a vessel engaged in nonmaritime service, the State court has assumed jurisdiction, under this statute, of proceedings in rem to enforce it. See City of Erie v. Canfield, 27 Mich. 479; People’s Ice Co. v. Steamer Excelsior, 43 Mich. 336 (5 N. W. 398); McCarthy v. Circuit Judge, 118 Mich. 363 (76 N. W. 756); Delaney Forge & Iron Co. v. The Winnebago, 142 Mich. 84, 93 (105 N. W. 527, 113 Am. St. Rep. 566).
The judgment of the lower court dismissing the complaint filed by the complainant is hereby affirmed, with costs to the defendant.