The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-11
Superior Court.

MAWcH e.-Frederiek X. Griffin vs.. The Mutual Safety
$40 600 on marine policy Of effected at the de-
PENDANTS office in October Slo for one year on the brig
Rodoph Gronng She sailed from tins poT >. IN s ns o o or
SGT OO0 On her voy she met with one OF those pers
sea- and stranded reef Of rocks in Torugas
bay the cargo saved and the master abandoned the
vessel total wreck she afterwards got OIL and
brought to Key West and sold. The purchaser had her
she had arrived and discharged and took in another
and proceeded back again to Key West
Inc deiendanIs Contest sne psin. h naa The Vessel
that she might have been got off repaired at less han
what is called technical total loss To this the Panth
replies after the wreck of the vessel he proceeded TO
Key West and consulted with the defendants agents
there who advised survey OF the vessel that he acted
in accordance with that advce-had the survey made
that the surveyor reported the vessel could not be
paired and ought to be sold These the main facts OF
the case although it occupied the for four days
His Honor charged the jury Saturday morning and
regret unable at present give but an outline
of his able and eloquent charge commenced by stating
that this action policy of marine Insurance.
effected by the plaintiff in 1872 to expire in October lsi3
which protect the vessel during that time upon any
voyage she might take under the protection OF that poll
cy. She sailed time in the fall Of 1912 with cargo
Of dry goods the whole value of which was said t. DO
S2600D S2 000 On her voyage, on the 1th Of Niay
she made disaster met with of those pers of tho
and stranded reef of coral rocks near Key West
She continued those rocks for three days. when she
got Off The master advised to call in wreckers
to exricae her. Those who 1t appears use
small vessels and were in great numbers about the
cned in the hopes Of getting her of without their assist
ance and with view to the salvage but failing to
get her Off he obliged to call them to assist They
got her OFT and carried her into port in this condition
She had suffered considerably and amongst other losses
she had lost her ruder and her hull much damaged;
but the other side is said she suffered for want Of su
fcient In her disabled condition, without rudder.
she could with difficulty be navigated into the Bay OF
Tortugas. AerSshe got into this bay her cargo was
secured of to KeyhWest The vessel was short.
after sent and the captain accompanied her The rst
thing he DONE according to the evidence was to wait on
Mr.. Brown the defendants agent consulted with him !;
he advised by'Brown to have survey made Of the
vessel, which made, as has been read in evidence
The surveyors reported that she in such condition
that she not worth repairing. Three gentlemen were
selected for this purpose merchant, one ship car
penter and the third officer in the department
These gentlemen presented to the judge as appoint
by the parties They repaired to the bay surveyed the
vessel and made their report which is in the evidence
before you Gentlemen, in consequence OF their report
she condemned and sold. His Honor then recapiu-
lated the evidence to the jury, commenting i as he
went along. and concluded by telling them that the only
question they had decide whether the vessel could
be repaired Key West for 81 500 taking into consideIa
ton the expenses Of bringing materials from Of the
repaired for that sum- then it total loss and they
should find for the plaintiffs but If they could from the
evidence, to the conclusion that she could be re-
paired for that sum, any sum within 1t, they were
bound find for the defendants The jury out all
day could not agree and discharged by consent at
| O'Clock on Saturday
For plantifs-Messrs Moore and Cutting for defend.
ants, Messrs. Sedgwick and Duer