Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-12-26
Superlor Court.

Dee 2-Ddrid T. Patton vs. The Richmond
Turnpike Company.-S Steamboat Casuahy.-The
defendants in this the owners Of the steam
boat Samson, and the plaintiff is gentleman who
was n passenger on board their beat on the 4th OF
July, 1885, when the terrific crash OF the promenade
deck If that craft occasioned such destruction OF
human life and MANNED so many Of the passengers.
The actisn was brought to recover a compensation
in damages for the suerings the plaintiff had under
gone in quencs of that deporable casualty. A
most Of witnesses were examined on each side but
the main features Of the cass-wheh were amply
brought before the public At the time Of the acct
Il was distinctly proved BY several hat
the plaintiff with his wife took passage board the
vessel asd paid their fare this city. That hen
the deck FELL Mrs. Patton crept out, but plaintiff was
much Hndcr the ruins that hole had to be cut
with before he could be removed. 1t was al
so distinctly shown that he was horribly mangled
aKd perfectly insensib!e when he boat reached
this city and that after he had been carried to his
residence, he wac confined fer month. Du-
ring that period he required the attendance OF four
persons and two physicians. Since that period the
unfortunate plaintiff had been in state of paralysis,
internally and externally, and artificial means sblg
ed to be resorted TO to sustain his life.
Several witnesses who were on board the Sam
son at the tune, gave the jury very vivid deserP-
tions Of the terrific accident. One lady said she
went on board with two friends, and thinking that
the deck would fall, she left her seat and went for
ward Her friend, who did not participate ia her
{, ars, took her seat and was killed.
For the defence II set that the mis- 10 rta
which had befallen he plaintiff were entirely the re-
salt OF accident, and in nowise caused by any neg
ligencc the part OF the defendants in this action
That when the boat was built, the promenade deck
was constructed with as much security and care as
sual to bestow on such parts Of vessel by the
very best mechanics. That the boat was perfectly
sound, and had carried safely far greater number
of passengers than were beard on this occasion,
and was fully equal to carrying all who were on
board at the time of the fall Of the deck That The
accident caused by the rush Of persons TO the
beat and that the agitation Of the passengers caused
the sfsuBeheons to break, and hence the deplorable
casualty.
To prove these allegations, several witnesses were
called, who swore tina; the deck of the Samson was
put up 1887, At expense Of $500 that there
II the outside the dec ane throu. h
the centre, and three iron rods TO keep the deck
down. These stauneheons were OF white pine
Capt. Duval swere that the Samson carried
safely the island many passengers she broke
down with coming back. He estimated the NUM-
Der on board at GOO. Two other steamboat captains
deensn the Samson a good boat, and her promenade
deck perfectly safe as constructed
The defesce having rested, pumber OF other per-
sens who board the beat were examined,
who gave different accounts Of the accident, and
estimated the number Of persons on board al from
TO ToO.
James N. Clifford said he was under the deck when
IL fell. When he got ON board, there was great
rush to the quarter deck lie took seat al the fore
part Of the vessel first, but bssquently went aft
with his friend As the boat was leaving the wharf,
she struck her quarter against the tenders, which
produced violent conclusion on board, and spread
children shreked out, and he tn ught lac some
thing start in the promenade deck then. Told his
friend Of the danger, and they tried 10 Get safer
berth. just they hsd determined TO go forward.
there came shrek aud ASH at the same momen',
and the deck fell in
Thomas Tbomss, an architect Of IS years standing,
swore that he had never yet seen promenade deck
tia, was strong enough to hold the number OF pasen-
gers which steamboats, carried. He said this with
respe ct to the oil the boats both the North and
East Rivers. He thought the white pine nots strong
eposah for the staunc heons, and said they ougbt "a
| he secured with iron the angles, to keep them
| from sliding
Frsnei. aecor said that he ship builder, but
did not know the Samson except by rcpatation
Ie was ri opinion that the deck of that boat not
constructed strong enough, or IL would not have fa
| len A deck Of a vessel should be bsilt stronger
than gallery staging shore, in order to allow o.
| the motion Of the vessel.
| Charles Heath, house carpenter, said that such
| adeek should have been braccd with iroa plates.
| Another witnes. swore that originally prone
| made deck was only intended as o protection from
| the weather. He was Of opinion that but for tho
| cupidty of steamboat owners, passengers would se
yer have been permitted TO 90 on the promenade dess
| at all
After a very able summing up by the counsel en-
| gagged in the cause, his Honor the Chief Justc,
charged he Jury at great length, AID with all tn
| legal acurnen for which his Hsnor 10 celebrated.
| The jury were locked up for half an hour, an.
found a verdict for the plaintiff damages $500 ant
| six cents costs.
Counsel for plaiatif, Griffin, Sen, aud Hiram
Ketchum; for defendants, John ARihos and Pres
| colt Hall.
His Hosor then adjourned the Court s,as die.