Rich v. Lambert

Mr. Justice DANIEL

dissented.

This case is one of a class over which, according to my opinion, heretofore repeatedly expressed, the admiralty courts of the United States have no jurisdiction under the Constitution*. It is the case of a contract entered into upon land, that is, in the city of Liverpool, to be fulfilled, partly, nay, chiefly on land; that is, by the delivery of merchandise in the city of Charleston. The remedy for the infraction of this undertaking, if any had in reality existed, would have been an action in a court of common law, upon the bill of lading, the written evidence of the undertaking of the carrier. In the exposition- made by the court, of the evidence, as explaining the origin and character of the injury complained of by the libellants, I entirely concur.

Order.

This cause came on to be heard on the transcript of the record from the Circuit Court of the United States, for the District of South Carolina, and was argued by counsel. On consideration whereof, it is mow here ordered, adjudged, and decreed by ¿Ms court, that the decree of the said Circuit court in this cause, be, and the same is hereby reversed withh costs, and that this cause, be, and the same is liereby remanded- to the said Circuit Court for further proceedings to be had .therein in conformity to the opinion of this court.