The Sun.
London, England, 1804-07-10 00:00:00

CRAY MYERS.

• ,

This cause is of ,considerable impnrtance to the
Gentlemen at Lloyd's. The Adioo was brought for
tool; insured by the- Defendant, on American ashes
on board the ship Ocean, from New-Yotk to Liver-
pool. •
,The vessel,lindarrived at' she port, and was
about to enter the magnificen( dock, when it was
fotind the ties was too low, to aclinit her in _at the•
p,-ace,. On the tide suhsiding„ she was tett aground,
and in the sequel upset. •The'question in the cause
was, whether the right of .a(tion- by the proprietor-
of tie goods was against the assurers or the owners
of the vessel ?

. . .
Messrs. Eatsk use and Woo
n Said that the Un.
derwriilrs were liable in all cases of accidents of this
kind, where there was not gross neglect and impro-
vidence in the-Captain ; and that no such netted
existed here. The ship drew 161 feet of water ;
there Was.a sufficiency in the dock.gates within so
inches;, the, tide-tables stated there was sufficient ;
butt from the situation of the wind, the quantity was
beneath the ordinary standard. • '
Messrs. GI B SS and LITTLELYA LE contended, that
there was !itch gross neglect, and they produced in
evidence jams Marsh, the Pilot, who would •tifst*
attempt to dock the ship witlinor orders from. the,
Captain in writing. The Captain ventured.togivd=
the order in the form reqUired, and the consequence
was,what has been stated. • • •
Lord ELLENI,InitOUGII said, that the Unilerwr"
tern Were not liable 'for-instances of gross misconduct
in the Master, excepting in the case of barratry,;,
-,where • the crew run away with the Ship. It was
gross asiscOndstain the Captain to aa
dirtily con-
trary to, tbi. ojiiriionof the Pilotri anti- ie would be
extremely danierous to admit experiments' of this
kind to be tried at the risk of the assurers.. By the
verdiet, the proprititOrs' .ot'the goods will not lose
their remedy Bg,aitist' the owners of the vessel. 4--
Verdid fOr the Defendant.

JOHN vtvime, vetz. rv.-WM.'Nrktlt-•
The Plaintiff wns riling, aterided b his servant,
from his house in Lincoln's-lon-Adds, to thelikci
office, in
.iiroad.street,. The master had passed
onward up the new street,
.calledskinner.street, ris.
ing from Holhorn.hridge ; while the set vant was at..
tempting to disengage himself from a throng of car.
riages at the end of Fleet.maiket, the Cart of the
Defentlant suddenly, tinned, round, the shaft entered
the'thigh of the servant's horse, and in this.drea‘
ltd 'situation the animal was "carried .several yard4'
before; he could extricate liimSelf by .plunging. in -
the effort, the rider was throWni • The - horse'Vrai
conveyed to a nei3houring stable, where,he was at.
tended by a veterinary surgeon.. Fcir fourieen,days
he could not lye down, and in .e,ntitavouritig'.to-üb,
lain some repose on the fifteenth, he broke the thigh-
and dip.
Mes,.rs. EigKlNk, Wool), and MAR Ri ATT die.
closed the fats Of, the case, and said that it was
wholly owing to.tlie fault of The carman of the 1)e,
feridato that the accident happened ; they proied
the horse to have cost the owner guinea', and
fOrthis amkinnt the iktion was brought.'. Messrs. GA R ILU, and2E4PlirAise, for'the Defen.
data, stated, that the servant of the Plaintiff was on
the wrong side of the Way ; that' ,every country
buinplcitt who came to town • with a load of hay
knew so much of the'law,-that if 'he went On the
improper and 'cart were crushed to pieces,
or his horses to death, lie Or hit master must sub.
mit, to the'consequences.
Lord- vN no aotifoß.--,"; The vestiOn for
your. consideration is, if the damage which has hap.
petted was'tht result of mere accident, or the fault
of the Plaintiff's or of the Dziendant's servant ;
and this will
.depend upOn the credit clue,to- tile wit.
nesses, on the situation and subsequent movement'of
the cart.."-7-Virdid for the Defendint.