Atlantic Works v. Tug Glide

• Decision Date: 16 May 1893
• Citation: 34 N.E. 258,159 Mass. 60
• Parties: ATLANTIC WORKS v. TUG GLIDE.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

159 Mass. 60

34 N.E. 258

ATLANTIC WORKS v. TUG GLIDE.

Supreme Judicial Court of Massachusetts, Suffolk.

May 16, 1893

The tug Glide was a vessel owned in Boston, and engaged in towing vessels in and out of the harbor of Boston to the neighboring ports. The lien claimed under the statute was for labor and materials furnished in repairing the vessel by the petitioners at her home port. At the trial of the case in the superior court the respondents asked the court to rule as follows: That, inasmuch as this was an action in rem against the tug Glide, the superior court had no jurisdiction, the statute being contrary to the constitution of the United States, inasmuch as, under the constitution of the United States, full admiralty jurisdiction was given to the United States courts; but the court ruled that the superior court had jurisdiction, to which ruling the respondents duly excepted. The court found for the petitioner, and directed a sale of the said tug Glide under the provisions of the statutes. For report on former appeal, see 33 N.E. 163.

COUNSEL

Millett &

Foster, for plaintiff.

Carver & Blodgett, for defendant.

OPINION

HOLMES, J.

This exception is disposed of by our former judgment in the same cause. The latter decision by the supreme court of the United States in The J.E. Rumbell, 13 S.Ct. 498, contains some expressions contrary to our conclusion, but as the point adjudicated is consistent with it, we feel compelled to adhere to our opinion.

Exceptions overruled.