Ypsilanti sentinel. [volume] (Ypsilanti, Washtenaw Co., Mich.) 1843-1900, 1848-03-22
Washington, March s. 1913.

sns~ Washington, March s, 1913.
The Supreme Court have given an opinion.
and one DIS important to Western steamboat
owners and shippers as 10 those of the East,
upon the case nominaIly ofthe Merchants Bank
of Boston rersus the New Jersey Steam Navi-
cation Company. The case was tried by the
Plaintiffs for the recovery of large sum of spe
Gle shippedun board the steamer Lexington on
the night of her Inflated passage between Pro-
whence and New York. The steamer as will
be remembered, was discovered to be on fire
early in the evening of the 18th of JAM 1910.
AD attempt was made to heard her for the shore.
but the ropes by which she was steered, were
burnt, and the vessel became unmanageable.-
She was burnt, many lives were lost, and
great deal of valuable property. including the
specie. The following facts, embodied in the
decision of the Court, | send as of interest to
all those doing business upon the Western wa
tiers.
The Merchants Bank had sent their specie
tia ough The well known house of Harnden, &
Co. who had contract with the Steam Navi-
CATION Company of sie following character
That for the sum of $50 month they would
carry crate five feet by slx on board of every
steamboat sailing between Providence and n.
York. The Company required that Harsden
should carry all goods at their own risk--that
they should so advertise in the public papers
and SO print upon their Bills Of Lading- II was
under these circumstances that they contracted
to deliver the specie, but the owners or ship
pers look to public carriers, and not to those
contracting to deliver the specie, for redress
The Court say that there was gross negtt-
gence7' on board the Lexngton--that under the
law of Congress fer the better security of lives
| Ia. L.
in good order and in convenient place, with a
full apparatus, and also an iron tiiler rope
When the vessel was burned there were Gotten
bales in close and dangerous proximity to the
boilers. The engine was i'm one place, the
hose in another, and there were but two OF
three fire buckets. In the general confession,
the boxes which contained the specie were used
as water buckets. Had the boat been stopped
when the fire was Uncovered, i'm the opinion OF
the Judges the accident might not have occur,
| red, or had there been no gross negligence there
would have been no accident Upon the TRIP
previous to that when the vessel was burnt, she
was found to be on FIRE, and haGa box of goocs
was burnt. M
There were other facts lR the case important
| to the Atlantic States, as the question of Admi-
rally jurisdiction was inyoled,a land on this branch
of the subject the Court were much divided il
opinion, but the above facts are important fo
ali readers as showing the disposition of the
Court to require faithful execution os the laws
| of Congress, and further OF holding the owners
of steamboats, responsible for the goods the,
NAV carry when losses are the result of care
| lessness. 1t was said, too, that the burden o
proof as to the proper care and caution shoul'
rest upon the owners of STEAMBOATS,, atid 90
upon passengers and shippers OF goods.
The decision was delivered by Judge Nelson
of N. Y, and the opinion affirmed the judge
ment of the Court below.
i The Committee on Commerce have not we
reported their bill upon the safer navigation o
steamboats,, which will account for its non ap
pearance in the Gazette, and answer the inqui
ries of those who have written here for copies
t has been delayed partly with view of hear
ing what suggestions might be made by gen
tie from Pittsburgh, Cincinnati. and elsewhere
who have manifested an interest ia the ena'
ment of. salutary and Efficient law.