The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-08-10


ireiy be Dismissed with costs
elrahsm Cole on osrs ov"e,s q 'ehooa Ei T. Jss.
Court :-Firs,-Thst in the position of the two
usss the schooner steering west half south the sslp
schooner clot@ hauled and the rhip running nee
IN. duty II the thip 70 keep out Of the way n ths
shin In no privilege the schooner up and
Lc erors her and the scho"n~r by putting down
ss,f more ~ the way - the chip ther~ st
10 ths schooner beth ecsuSe the nearness OF
the chip and tis ds,ssr 40, ,hs osntan OF tSs
shin himself ordered the schooner to make that move
meD wbertore i. Is sdjudged that the eolhs'on was
csused h, the fult of the ship In holding her coure
and mot giving why from the schooner "ootnat tne
schooner tt~d 20 recover the danHges sustained
Thereby Ordered reference to commissioner 10 as
certain and report the dsmases O.
The Bii,omsbvs Ferry Company sontTs = ne Stem
L,,t SENECA rs TIE Ssanibosf Morn Sts' Iorsas k,ky
SIs,mon, Tho~a Kiey u the Ssambe~f North Star,
Is TIE StecaJos sr1ses, williamsburg Fe,y CempamE
cam srsrhe libel in the nrt eaaie war eu sne 'p %
regular pe o. ierryeo from Williamsburg 70 reo3
Slip New Yoik and vas u; slgrn''y anu TIA ,h,. I'm
iured 10 the smrunt a. $40 The libel 10 the second
cause as lrd the 18TH of April but IL sppesrs on tse
for IN, 1tth that he owner If the North Star was
pr,paripg TO bring his action That LIBEL more specoc
I'D reo,s. ana avers the North Star eo4ug down
thu river sb u, ,b middle Of it. and lo~ed by the
seneca which being the fastest boat came up WITH ner
parted her srdround.d TO- to ge into New 0rx
SENECA these hliegssps are denied ana D. ssser.ec
that the North stag suddsIly and unnecessarily
her course ri the seneca II CONSIDERED ~
r.. Cour,-Fir.t-Thet, clear weight OF evidence w.
that the Ncrth Star kept her course directly a"wn
the river In about the middle thereof ana oia no.
Chang, that course until the collision Secondhand
the Seneca behind the North star, and passed her
also GO ing down ,be river and about parallel with hsr
The seneca then rounded to, GA the Brook
lyn side the attempted IN run into ner sp
ahe.a cfthe North stsr and in doing. was brought
,n c,lis,op With the latter Fourth--rhat the blame
was with the Seneca in attempting 10 cros" ,ne o" y.
TIE Nor,h Star 1T 60 sborta distance ron us, ono .h
Hatto he rETV
Nh st.r ,r gave Il herself rs she placed herself In
such position bst II could not be AVOIDED tFn oy .ne
North Star Fiith-rhat the Seneca 1. ace"riinoy M
sw,r.le for the damaces occssicned by such collision
Wherefore II is ordered and decre-d that the oei ON
HE relt Of the Williamsburg Ferry CO npaay asns, tue
MIN Star b. ,ism,set with eos aud that the lbeant
Thomas kiey, agsnst the Seneca ms
ard that The Seneca be cpnderc ned therefor i" Is OF
dtred that refern be had 20 commissioner 10 as
certain az repcrt The amonut q such Damages =.
Tnd,,1ck U,issmnn The ship Ilo'e@d ho,ert .,
SI,nor IS T,G.,i.k V;issgson rn ne l2th M april
1850 nrtion brought against the mp 20 reco ss
value .f 51e4 bushei OF potatoes shifp'd On opta n7
90 bsre h.en Io,t by pisconduct Of the master, and
charge the potatoes worth So 30 an uPwar Is ON
renatt b,s seo, TO recover sa IS for fish. of the
potatoes. 1t IL considered By Lhr c9uf' RI y
,, nat on ard previous 60 the 7th Of November
1879 at llauhuir The ship advertised in the public
rapers ly h-r Fail as packet snip Tor New
a IN on ,hs I6th of November srcon1-That on the
,tb of Noy,,cter a contract was ma With the agent
Of the ship H. behalf Of Wessman to snip QUA ouSneis "
. potatoes 10 New York on board he! Iara-Ih,' - "a
|
al on s., J5.h 81 Nov aud noer was given the scent
ef W,ssman that the potatoes wer" not sengde tha
Ia, tv tbo 1o,h iu freight would be charged Fourth
~" X Vac Ire sresisi iuducsment 10 the contract
on the rart Of weisssn tina: the ship should san the
18th hcarse of thu Of the cargo and the istene-,
= ~ The ,,sson Ffth-Tha, the potatoes were brought
slor glide the chip by the 10Th end we're al taasa OF
hoard and slowed away BY OF before ths ION s
and after the contract 81 shipment changed Tue ''nS
tn. departure Of the snip and sayer.sea ne, - an -
ii til. 9Th II November, but such change WAS n kno"
tothe sgert Of Weissnan until the l.th sevcGth,l
the chip sailed the I'D bu, soon after got aground m
on the 10th after she got on the Zee ana r"t pae
~ 10 iiaulurg and lay there till tht 2l Decnber ~he
m ssii.l ~ Ns.s yss 'pl rJSedY 1sra the sth
iiver,d here were greatly deteroraed aad nearly word
the Court that the owners of the ship did not perfor
, their contract ofefrceh'ment and are not entitled
potatoes and the libel in that behalf di. missed vii
~ II being seet on the part u the ship that u
potatoes not put On board Ia good order, and wei
the time diseased and In state OF decay and wei
" lost in eons,quenec Of inherent defects and not for
., of due csrr N thSir sto~age or transportation IL
e further sdjudg, that the hbeant Weissman il emit
t,d against the chip the value 81 the poti
toes al Hamburg the time they were laden on bar
together with charges and cxpces unless u 10 prove
that they not TIN in good condition or that the
X prkh'd Afterwards IN com oqusicc OF iuhesnt oa
def cts and not from the prolonged detention in the
~ transportation. And !. Is accordingly ordered that
Is he referred commissioner T. ascertain and rePo
the Of the destruction aud loss OF the potatVe
and their value at the time 81 shipment
~ j RkEop Smith. Ihe sieanu 4isbarls 1t Is col
IN sidsred by The court rrst-That n maritime
action arisss sgsinst vessel unswfuiy obsruetinx q
passage a another tide waters whereby the vess
obsruct.d receives direct damage nr prejudice secol
That the st,smboat Alabama had lawful right TO
mcortd pac, as to intercept the free passage
the Jenny Lind u Pike slip and the use Of th' hat
or balance dock stationed there ard that the manner
or which the sad steamship Alabama moored as In q
m pleadngs mentioned, Illegal obstruction OF q
y" right 81 way passage, TO which the Jenny Lind
or then and ih,rc entitled Third--Thst the Alabau
10 might with snfy b. b"reef have en- 80 moved ~ u
by Inf 10 said dock and the refusa Of the onieess
~ charge a. the AGbsms 50 10 move her was wrongful AZ
n tortieus In Iespsct 70 the Jenny Lind foarth-rh
n the jenny Lind j. entitled 10 compensation, by v.y
3 damages against the AaJ;nis Tor the Expenses or hi
rs incurred by her directly consequence Of such
er Ct the Alabama she having been towed TO that place
Id t,sn,r on appciutm. ut to be there received on
"a balance dock. firh-But that the Alabama Ia not
Tonsble for consequential or remote dsmsges suppos
no arise from such ob-iructio and hindrauce Il
us jenny Lind, but only 90 such are immediate aud
M TO her sxth-rhat Tire act Of fastening the Jen
@ Lind to tn. Alabama was voluntary on the part Of
re former and at her risk, unless some inproI
ec to her prejudice afterwards done by the Asbau
uf s,v,nth-1hat tbo.o board the Alabama we're jus
y hd in cutting the lines Il the Jenny Lind when she
on fourd TO BE- sinking and likely 20 injure the Alabs
m th'rby ana was W. guy o those nss,hg enasc
g. 10 Der safety while lying there or To have had
on guarded and protected ssfeiy otherwise than by Q
=. tcnipg her TO the Alabama Eighth-fhe Alab,ms
IN not cponsitle for the sinking AID loss II the Jrn
es Limo occurring after The Dsr cut IN cnppl
De- and sinking state the duty Of her to have
50 hr taken place e security have proper
~ pcits provided for her at that place. Wherefore Il
e rdiud ed that the b.aDt L. entitled In u
1T ,cii,n his Necessary charges aud expenses towing
Ike Jenny Lind to the entrance o Pike slip In ord
ne 10 have her psc.d the balance dock and which
a 90 ,,.y.n,sd hayi,., done nv the misrouduct of
'ut owners officers Il the Alabama aud that II
ac referred to n commissioner 10 ascertain and
At pert the amount Il such charges and expens
80, Ard Il IL ordered that the steamship Alabama be
BY charged Il all claim tor tn. total loss and value OF
Ma said Jenny Lind caused by her sinking tn day al
md r,caue a III. ~iul and obstinate misconduct of
be focrs 81 the Alabama In refusing to her and
ge \ W the Jenny Lind passage into the sp and TO
dock to which shs destined. u IA ordered that
besnt IN addition 10 he expenses and dam ges att
ind ssid, recover HE cost. 10 b- taxed
~ W,.g,, brorn hehrrd p e Havtiey In Now
art 49, .uc nu."".' s''tp''e 's. :.
y, he poft 81 saco IN Maine TO q port IN the dull
Mexico. and thence wherever the ship may proceed
I'm o. in search q freight for the time - ten cat n
49,, | month"; The ship went 20 Mob. and thence 60
~ Oi"stsi az we h'"r port rne va ,''reu Vu' "
ust precincts Of the city, to prevent the hbsant aud OF