Braisted v. Denton

Citations

• 115 F. 428
• 1902 U.S. Dist. LEXIS 231

Syllabus

<p>1. Admiralty Jurisdiction — Suit for Wharfage — Domestic Vessels.</p> <p>A suit to recover wharfage from the owner of a domestic vessel is maritime in its nature, and within the jurisdiction of a court of admiralty.</p> <p>2. Wharves — Liability for Wharfage — Anchoring in Private Slip.</p> <p>Vessels which enter and use a slip or basin belonging to a private person, and used for the purpose of storing vessels, cannot escape the payment of wharfage to the owner by disregarding the dock provided by him for mooring vessels therein, and either anchoring or tying to another dock that has no right to receive vessels floating in such basin, where the owner of the vessels has notice that wharfage will be charged.</p> <p>3. Same — Vessel Subject to Wharfage — Oyster Float.</p> <p>A float used as a receptacle for oysters unloaded from other boats, which has the form of a boat and is navigable, Is subject to a charge for wharfage.</p> <p>4 Same — Rates of Wharfage — 1{ew York Statute.</p> <p>The penalty of double wharfage rates imposed by Laws N. Y. 1897, c. 378, § 859, on a vessel leaving a wharf or slip without paying the dues therein fixed, when the same are demanded, does not apply to vessels in the clam or oyster trade, which are separately provided for by section 860.</p>