The Statesman.
London, England, 1812-05-28 00:00:00

LAW INTELLIGEACE.

COURT OF COMMON PLEAS, MAT 27.
NOeTI r. 1:1JUIT.

This was an action brought to recover compensa-
tion for damages represe.ited to have been sustained
la a cargo of American flour, by the negligence and
mi:conduct of the Defendant. The loss was esti-
tolled at m I._ _

it appeared, that about the beginning of last year,
Mr. liuhy, who commanded a vessel celled the
Charlotte, was employed to couvoy sacks of
dour, the property of the Plaintiff, from Boston to
Etig!aiiil. The dour was shipped under the superin-
tendence of a person entrusted by Mr. North, in
excellent condition, and stowed in the cuslOmary
manner. The vessel was considered to hfa good and
sound one, and In no wise apt to accept of water at
the seams. After the ordinary length of time the
vessel arrived off the English coast, and anchored in
a faviiurable situation. The Plaintiff dispatched a
li4hteimati to unship his flour upon the 14th day of
March, 1811, who, upon application, was informed
be a person on board the vessel, that it was impossi-.
hle Income at the sacks of dour, until that a quan-
tity It corn stowed .above, them. Was removed; and
which would_ not be done until it was sold; other'
applications were made with the Idle !access. 'Upon
the 27th of the same month, Mr. Huby informed. the
ptoprietor of the removal of the corn, and desired
him to dispatch 1 lighter to carry home the flour.
This deme neat day.. The sacks were lauded at
the Grand Jugictinti Canal Wharf, and:ManY of theM,
were diiicove;ed, to be as\ hard as marble, ind the
whole hi have been what. the dealers denominate
heated. Om of the liintisses hesitated to declare,
whetter .that he had Perceived marks upon the lower
tier of sacks; Indicative of the admission of sea-
water. The whole c. ergo required to he sifted and
purified. which occasioned at lin; of twenty sacks of
flour, a.sd a depreciation of the total 'aloe; some of
the loss was compensated by a sale of the garbage
velOch prore..ded from the operation of bolting. The
whole loss was moderately computed at. In,. Such
wrre th leading facts described and proved on the
p rt of the P ai iW
On.the part of the Defendant, Mr. Serjeant BEST
maintained, that the iujory sustained by the Plaintiff
singe; either firm the admission of sea-water, of
w ch the marks still remained upon the sacks, or
from the original had quality af the flour. To be
sure some delay had been made to surrender the
in rto tie .41iterman bat the delay was so short,
that the cargo liadheen In* state of corrup-
tion.before its arrhal, it Could ttat have advanced to
loch a head by the 28th of Mar • The misfortune,
therefore, he would contend, had arisen from the
o•mnion perils of the sea, and for which the Defeo.
dant, by law,
.iras 'not veauntable; but could the
Counsel for the Plaintitf ea d rtake to strike the dif-
fertilee between the damage d scribed to he sustained
by detention, and that which manifestly appeared to
have been occasioned by the admission of sea-water,
for re injury had arrived at such an extent, that it
was impossible the whole could have happened during
th, delay of a fortnight. He hadno inclination to
press:thb sabject beyond modest limits, but for the
sake of the Captain. *he whs a poor man, and whose
otiele forme was in jeopardy by the d.cislon, he
14ished to sec the whole minutely investigated.
Tar Loam Clime JUSTICE remarked to the Jury,
that it woes nut ass action brought to recover compen-
satin's ern' losses sustained by perils at sea, but for
the ernis misconduct in the Ciptain, who permitted
th-e ”o..er to rental covered mit!' a cargo of oats dur-
ing the ioniztl. a1m0.4 of a whole voyage from Boston,
after hit arrival in England, before he would consent
to its reiaeval. The Jury would consider the whole,
and mark a dirinetimt concerning the damage repre-
sented to have been sustained by miconduct, and
that described to bare, in all likelihood, happened
by, the perils of the sea.
The Jury retired for an hour and a half, and re-
turned a verdict of-501. damages., to the Plaintiff.