American watchman. [volume] (Wilmington, Del.) 1814-1822, 1822-03-12
NEW YORK COMMON PLEAS.
L'Hommedieu Us. Morrison.

The following summary Of case which came
before the New York Common Pleas this term, is
preserved tor the interest it is thought to possess in
relation to the commercial community.
Some months ago, the defendant in this cause
shipped on board vessel bound to Baltimore and
owned by the plaintiff, box marked Fo7v!er s. S1f-
.ford, Putnam, ohi0. This box having no other
mark on it, was placed heedlessly in the hold
with the marked side down. During the VOYAGE
the crew were suddenly alarmed by smoke issuing
from the hold; the vessel was supposed to be on
fire The matches were Immediately thrown up and
the captain rushed down 10 discover the cause but
was presently hauled out torpid and nearly lieless
from the intense mephitic vapor he had inhaled =
and could discover nothing Of this cause CT the
mischief The mate next adventuTed and Jared in
the sane manner, being dragged out in few Sec
ords, In the agones ct suHocatIon, Recourse was
then had to throwing down water, till the smoke
and noxious vapour was somewhat dis.ipated, when
examination was made and the mischief found to
proceed from the box in question, which was taken
out upon the deck and then, for the first. was found
TO contain some bottles of aqua FORTS which break.
ing out, had burnt through one corner of the box,
and run down upon the cergo below. The damage
occasioned to the cargo alone was estimated az 500
This the owner paid to the consignee of the
property injured, in Baltimore, and now brought
this action here ag Ains Morrison, the shipper, Tor
the amount so paid
For the defendant was alleged in the FIRST place,
that The box had been duly marked aqua forts,' y
when packed to be put on board and that by NOV
ing it The acid had sprung leak and run out over
the marking which executed with common
writing ink, ami otiiterated it 10 SHOW that if the
aqua ortls hau come in contact with it alleged,
The effect Of obliteration would take place. plain
ed b)ard, marked in the manner represented, was
exhibited TO The court and Jury and aqua forts APP
piled which instantly took out the letters, leaving
only deep stain as far il extended. It was how
yer, not sufficiently proved that the box had been
marked so; and Mr. Anthem for the plaintiff more
coatendsd, that had Il been, the direction the
llquil mast have taken through the corner CT the
box, would have carried it clear Of the lettering.
the defendant also proved that the shipment G.
the box was not made on his account, bu
that it had just been sold by him to a third person
and c,ntended that his (the defendants) clerk hat
surpassed his authority in making the bill ant
invoi;e IN his name; but this point Of defence als
failed.
The witnesses on the part of the plaintiff, furhe
testified that the box had no other mark than abov
mentioned, that is, simple direction to Fowler
SafTord Putnam Ohio; and that boxes are stowe
indiferentIy' with the marked side up or down, a
most convenien when there no special mark
on them TO street different stowage.
The Judge charged the jury that it was the dut
OF The druggist the defendent in the present cas-
10 have marked the box plainly, aqua FORTS ar
that Whenever a shipment of dangerous liquids
like the present, was made without special desig
nation OF lis quality by name, or otherwise,
"Glass or ~ this side up" distinctly marked
the top, SO as to shew how it should be slowed, Il
person making the shipment, must answer for al
damage resulting from wrong stowage; and tn
they found the fact 10 be, under all the circur
stances brought before them in evidence, in t
CAS- under consideration, SO they must reguls
their verdict and find for the defendant, or agar