The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-13
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losses and damages sustained by both parties, but
estimate, unless the owners thereof have made then
selves properly parties to the action 50 % 70 be csu
oludsd by s decimsn sns that there be en- sq.s -.
claimants Held that NO foundation in Law or fAot u
established for the cross scton I'm personam and that
the libel therein be dismissed with oosts.
James Tatem rs. 7,omss Rilev-The brigaatins Lady
Of tho Lake and lighter, towsd BY the steam. tag
The brig had recently come Ia from and anchored
10 .ne stream waiting for berth. By the libel, IL u
leland and the New York shore The answer ssssrts
sas was nearest the New York side, with her bows
pointing towards that shore. Tho wind was strongN.
middle Of the East river, With tho TOW sstsrn ths
Towing cable about fifteen fsthons out when se.s
New York side. to avoid the forcc OF the wind ker
power being small !. the movement, the to. vss
doing damage. The defence is that It was owing ts
the fault and mis- Of the tow not obey
bound TO do. Held that the tug In the state Of the
wind and tide, and her feeble power, attempted e
duty OF the tug have kept the middle Of the srean
and gone outedfof the brig, Or IL che came Rdde 70
nave gone 20 r. mom nss q not 70 permit tns aT q
the proo that the tsw had been properly stored sna
msnsgsd, and thstt was out Of her over In tn Pc
sion ORDERED dscres Tor the iibsIl.nt for dsnsSes
and costs and . refsre nee to compute damages:
or Sacramento steansr piled freight and pes
senger boat On the Hudson river, between New York
III. y
ter place, and placed on the boat parcel Of msrcAaa
dze, to b transported from New York to Psskskul.
She left New York ct JPN and on the passage, en-
sssnst It mile or more into Tappan Bay on the wsst
side of the river attempted to to the
rough, the boilers leaked to subdus and nearly
eItingush the Hre and the boat lsbored nefsotuaMy
order and sRe Was obliged to oanohor The storm osn
tinusd during that night and the succeeding dsy ssA
night the boatremaining at anchor until abe sunk -
fha iuht and hA he
tending to show that the boat was oisaty nan
for the disoS.sss Of ashes and for Wv water - s,S::,
occasioned hes nlling and sinking. The viAa,
not so violent as to prevent stsanbosss nsvi-
eating up and down the river during the tins, a.
Sss H:S:
the beat VAS common carrier, and subject 70 tAs
common Law responsibility Of common carrier. the
goods not having been received under bill Of sAinx
or contract limiting that liability. Held also that e
common os-rier she IL relssssd from liability emily by
inevitable accident termed in Law the sct Of GsA"
and that the legal sooeptstion of set OF Cod" In
this relation is IN occurrence OF sudden and over
ssainst. or svoided BY human preoaution or fercs.
Held that . storn Of wind st sea, or on navigsbas
waters 90 sever. ~ to render II aies or hsssrdes
or the vesse 10 injured or destroyed not an soei
dsnt OF that character which discharges the oarrsr
from his responsibility, and amounts to tAAa
: peril Of the sea, or danger Of n.yigatiop. Hsll,
that Steamboat carrying freight, without contract
stoned BY perils q the dangers OF nsvgatisn
when they do not a.so amount TO the act Of osA"
IL ts legal sense Held also th., upon the proof. Z.
and diligence In the ftment Of the boat, and her
management during the storm, which take away her
protection, II her destruction had been owing to tAs
act Of God. Ordered, decree for the value Of the
goods lost with six per cent interest from the tins
the boat sunk, and costs to be taxed.
Theatrical and Musical.
BowERr rHrarRs.- This evening Mr.. H. EDDY, the
the ssa Of oaaS ssSH "" TA. ssss: oss:.
characters will bs flled by a the talented msnbses
81 .ns ssSea SoMp.ny ME. Wmy s T us.p =:
Francois In addition TO this very attractive pisss
shskspeares beautiful Comedy Of Errors" viii aiss
sssembags will visit the Bowcry this evening to see
Mr. EDDY In the srss teharsctsr Of Riohelsu.
BsolpwAs fHsAras-The great Irish omsiisn ana
farce OF "Eow to Pay the Rent as Morgan Rather
and viii sing "Drink Deep my Boys" "Whst Night
cbrss He % viii m next appear in 'Ins shs HAPPY Nan
Paddy Murphy and will sing the Bold soiAisr Boy"
and the Birth cf 81 Patrick Collins has nov the
dlineations Of Irisn characters He IL every night
oeived with enthusAstic cheering The performs
ters not Gold" This piece should be BY svsry
one-is very Instructive, and has fne moral ten
dency.
st this iashonable resort, are such will nanA
large sssembsges every evening The first feature In
Fioe de Cas sloetro" with lie Felice Who s spien-
did actress and will appear lie Baron eusAnne De
Risst IN n, erins,Os, Thi. -. ~ ,oIisx.s
by the beautiful ballet OF "Gisele which will In
troduce thosc charming TsrpsehoreAn actresses the
thsir splendid abilities BY ti. most snthas.ssis
cheering
Bynrors Tsgsrnr.--A most attractive entertain
meLt IL offered for this evening Burton In his mint
table character OF Mcawbtr Blake as Gsbris; Lsstsr
ss Morsnse; Johnston a. Ursh Heep, With Mrs. Rus-
cell. Mrs. Bkerrett and Mrs Hughes, Ths entertain
nepts viii commence with the comedy Of "a Short
Reign and . Merry 0nsn Mrs. Holman will sing ons
Of her plAntivs ballads and the orchestra viii play
several oiertures The whols viii conclude with tss
famous drama of f"Dsvid Copperhsidn with powerful
east Need We say tha. the perornanse will gvs sat
isfaotion. All know IL will.
NarIoNaL THFArnE The new national melo drama
entitled Harry Buraham,' y which Is drawing large
sudience. every evening viii commsnos the psrform.
terms Of praise as to the excellent In which
Il has been plsced on tho stage. This win be fo,-
loved By the farce Of ALLOW Me 10 Apologize" Daring
the evening Miss Maivina viii dance q new nstiosI
msdly ana all will terminate with the fsrcs OF DAY
IN paris With the fne sctress, Mis-, Hathaway in 0vs
characters.
Bsou CRAM LrcrrN Nothing can exceed the en- thu
sssm with which the p-rformaoces at this bsautifs
and popular place Of amusement go on nightly. The
company one OF the very best being especially tee
In the finale depsrtm.nt consisting OF Mrs vernon,
Mrs. Blaks, Mrs. Brougham, Miss Mary Taylor, Mis-
Kate Horn Mise Julia 0ould, Md1le Ducy Bsrrs, not
10 mention the orowds o lesser luminares The opera
OF The Am bassadreas vas gloriousy rendered last
night, together with the new and greatly suoosssSus
trsvests on Faustus" To night The sxosllent
d.tta oi Ladies Beware" with the new burlesqss,
growing more racy every night and that astonishtHx
bit of setting My Friend Jack sufficient to 6li u
bouse TO ifs utmost capacity.
Cuisry's Mirs1nELs. = The smusements given aisst-
~ At this old and popular establishment are ss usual
Of very attractive character singing, dancing ana
Instrumental performances, with beautiful burisssss
Opera scsnee.
ftLLou's MiS-RFis.-rhe same deiishtfu nesrs
melodies fp,trum-ntal performances ana ssncsee.
rougs BY Christian. A great bill to. aight, consisting
of every feature Of negro denestisns
| Nav YoaS CtHcvs.-The surprising fssts Of Juss
| Co q talented troup,, ct the Amphthestrs are OF
mott plssrips and effective nature, and offered the
utmost satisfaction TO the iarg. and respectable sud
| epess who are nightly attracted TO witness then
Tbi, evening bill Of great sttfsctive power Is pre-
eented including two superb acts Of horsenanshp ~
MsdlIs Tourniairs and great variety OF eQuesxtan
and symnastc exercises In which the entire company
| will sppssr.
| B,ss,-N'. MusrrS Comedy, farce melo drama, ssA