The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-14

the master OF the tow, but under the command and
direction Of her own csptainl and hands. The TOW
steered under the direction Of her captain. The
collision took place about O'Clock, p NJ, OF the 18th
October, lS46 In calm and pleasant weather, tns
tug having In tow other vessel besides the canal
boat The shte Of the tow commenced. according 10
the clear weight of The evidence, as the tug
straightt ned up in her from the North River
piers or as she was conf ng round Castle Garden aud
continued wide ming from the track OF the tug, not
withssndipg the exertons Of the captain and hands
on board until the collision occurred There 10 very
little doubt any, that it stem by the hands on
board the tug soon ateI It commenced, and that !.
was also seen that II was not In the power OF the Ts
ter, with all his Efforts to break and yet no
sures taken to arrest the sheer or to avoid the
dsrger which must have been apparent. o. the con-
trsry the tug continued her at speed Of from
six to eight miles an hour. 1t is true, the hswser
was paid out from the tug te or fifteen fathoms;
but this was not for the purpose Of rresng the sheer
enabled to pass the Mst on the opposite side from
the tug Under these circumstances, though thu mas
yer OF the tow may have been In fault for want OF
Therefore, properly responsible for the coision-we
sre Of opinion the captain Of the tug was also in
fault for not taking earlier to avoid It, by
stop ing bis vessel. There can be reasonable
doubt, upon the evidence, but that the collision
might have been avoided II proper attention had been
PAID TO the navigation OF the tug and after the Gap
tain had betn that the tow steered badly and
was requested for that reason, to take her alongside
lying at anchor in the bay have kept the strctest
watch over the tow and to have seized the frat mo-
ment Of apparent danger for the purpose of arresthg
the sheer and preventing the collision. An idea
seems TO have been entertained on board the tug,
that II she WAS not in fault as respects her own
navigatonthat IT, il she navigated as to avoid
coming in contact with the damaged vessel-no re.
spoDs'bity could be properly attached to her that
IT then rested exclusively upon the vessel in tow to
whose bad navigation the collision was Immediately
attributable This, we apprehend 10 mistake. The
tug aso responsible If the damage could have been
ton on her part The navigation of the tow is de-
pendent upon, and controlled BY the navigation Of
the tug and 1t may not unfrequently happen
that the joint action of the hands on board
OF both vessels is essential to prevent the happening
OF collision by the former In all such cases, at least
there exists obligation make every reason
able effort to avoid the danger and common respon-
sibty in case Of neglect The before is Of
this description Whether the sheer happened at first
by the fault Of the master of the tow not 1t quite
plain that be and the hands on board we're unable to
and bring the vessel back to her proper track
without the aid and co operation Of the tug that
think, might have been rendered in season to have
avoided the dtaster proper attention had been given
to the dition Of the tow and such should
have been bestowed especially after the warning that
had beef given to the captain in respect to the bad
navigabe qualities Of the vessel By consenting to
take charge of her under these circumstances, and
particularly taking her in tow by stern after
The admonition the captain became. measurably, re-
sponsbe for her navigation. at least for exraor-
binary care and to her navigation in the pas
sage from river to river among the vessels in the bay
The business of towing vessels by steamboats, is
paratively modern and has become extensive upon all
the navgabe rivers Of the country The obligations
and btes arieng out Of this kind of naviga
tion and properly resting upon the respective vessels
concerned. are novel and peculiar; and there may be
fome difficulty in assigning to each vessel its proper
measure OF responsibility difficulty that is intrinsic
arising out of TIE peculiar relations which the respsc
tive VESSELS bear to each other In the of the
vigaton. In all cases where the tug Is under the d.
rection and control Of the master and hands board
of the tow there is no difficulty in assigning to the
after responsibility for all the dsmages that may
happen through the fault Of either vessel an the
verse Of the proposition will hold equally good where
the tow Is under the exclusive direction and control
q
and direction in the navigation of the vessels there
must necessarily be. in some measure, divided and
parato responsibility assigned TO each. What that
measure shall be, is question of some difficulty
n the case before us the helm of the tow under
the direction Of her captain; all other means used in
the navigation of the boat under the absolute
control and direction Of the master of the tug; and
such is understood to be the common relation which
these vessels bear to each other the business of tow
ing up and down the North River Now, although the
tow, her master and owners properly chargeable
for any injuries that may happen of neglect
unskilfulpess in her n in the course Of
the voyage it by follows that the tug is free
from fault. Her power the navigation of the
IL paramount and controlling to which corresponding
necessarily attaches; and in all cases.
where the proper and exercise Of that power
avoiding the injury impending, she should be held
responsible for its faith full exertiop and snswerabe in
case Of neglect Her whole duty Is not discharged
when she is so navigated to avoid committing i'm
dafely the injury herself she must guard
fairly lies within the power she exercises the
colhding vesfel against the danger Of any injuries
being committed by her. In this very case, If the
master of the tow had had the control over mo.
tive power himself he might have avoided the col.
lison, notwithstanding the sheer Of his vessel See
Ing and apprehending the danger he would, would
have been his duty, slipped the vessel at once and
sheer whether arose from the fault OF the helmsman
or Of the navigable qualities OF the canal boat The
olive power being entirely under the control Of the
tug, this duty devolved upon the master aud hands
OF that vessel and the neglect to discharge properly
nnoer the circumstances and in the emergency, fair
~ enough subjects her to accountability for the da
for fhoee
sons, that the decree below should be reversed and
that the case be referred to the clerk to ascertain
ana report the amount Of the damage sus, aimed.
SUPREME CouRr, Nov 49, General Term-Present
Justices Strong, Hur'but, and Edwards -DEcrsIoNs-
The New York Dry Dock Co VS.. The american Life
n suramee and Trust Co-Decree reversed, and plain.
Henry c. Siebbins VS.. Jas. Holfon ct al Order
affirmed with costs to abide the event.
reverted and plaintiffs bin dismissed With cost.
. .fnfhony l. Frosh VS.. Frederick Urniedr ct al-Mo.
oD to set aside report of referees denied with costs
Noah T. PIKE VS. Thos c Butler and Jonas Butler
Decree reverted and reference ordered to ascertain
the value Of the building in question on the first of
Nay, 1913 for the purpote Of being converted into
ling house the defendants to pay such value
with interest and costs Of suit and the amount de,
creed to be a loan on the demised premises
Boytys BtadenbWgh - Bill dismissed, with costs.
Sewa,t ct al, VS.. Gientuorth Decree of the As
'istant Vice Chancellor affirmed, with costs.
DGtid Learett Receiver Of North american Trust and
Banking Co, vs. X. NJ Biatchtord ct al The debt,
% secure the payment of which the agreement or
rust deed was given, was legally contracted and is
till due and payable The promissory notes given by
he banking company being payable year after date
we're sued in violation Of the statute and ought to
De delivered over to the plaintiff to be cancelled The
gtement or trust-deedi is legal and valid and ell the
ecurties me ntioned In passed to the trustees
o the trusts contained in the deed The costs of the
efendants must be paid out of the proceeds of the
sSgned securities and the costs OF plaintiff must he
harged against the assets of the company in his |
han DIS as receiver
Cousr OF GrsEH-.t SESSIONS, Nov. 10 Before the
recorder, and Aldermen Mex night and Fitzgerald
Sentence Of Charles Carret alias Wheeler- This pr-
reakng into the store Of Charles NJ Nauerev SO and
Pine street, on the 22d of Sept last, in company
'ith others, and stealing therefrom between $40 aud
80 in money, was this morning brought up and sem
lonths.
Another Sentence Susan Johnson, who plead
uilty last week, to Indictment charging her with
eeping disordery house at No. 100 Church street,