The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-02

DECISIONS HOY. JtnUr
Aruu 3o,-pjos,t, MMfTay Hinigm EdRcnds-A
action to balance OF s5 - for advances 20
English vessels In this port The consgnccs paid him
y2p go and. to avoid suit and deter tiun. rendered
SlP6 20 to bills of before furnished by
lbclanbut the lbcllsn oyaird accepting rejecting
the tender and had this .ut commenced Held that The
lbclant could have advantage from bringing his
before the ender formally made he cIir1 " by
trek Held that upon the evidence the tender sppa-
rently Oyerpad his dcmRnd- and that hc should be
allowed 10 take IL out u court without reference TO
adjust his claim Held that his charge Of Interest ON
lis account H. rejected.
Martinps a. Ian Ler ,s Ciausias Dsrd ouaer n Rig
Palmetto Held that the owner 81 ecag7ug vessel =
hb. for the expenses ~ medical attendance rendered
the master on board the tre Ia sickness incurred IN
her service. The MASTER having bCru attacked with
cholera IN port before the vessel va unladen and hay
ing died on board, held tat the ply can could recover
the reasonable compensation for his attend
ancc On the master durius thai iiiness
JoeTi Rogers -. NJ Stop Istfc J Birlrci -Nhen two
sailing vessels meet in the night time going In opposite
directions eorc hauled her stsrb,arl tack beat
hg agsiu.t the wn nd tr other her srbuard tack
running free the vessel with The wind free j. bIund 70
give way the other II The night j. dark that the
one running free csnno, see yeseI ahead more than
S rod oH the j. iu fault fs keeping unitr Nay. and
should anchor when that can ~ done safely When ia.
- two colliing vessels disagree IN their tstim,n
to all the material facts preceding attending cob
lstou the Court viii put norc reliance N TIE evidence
of d,intefrsed Iy-tau.r Ia relation transactions
seen ~ hun than ~ the opposing evidence e to or
Witnesses either vessel tournl.ctnt him to
those facts That the collision bctsern the spup Ner
chant aud the soop Isaac Blauv,lt on thr ktst River
IN which the Merchant sunk and lost urea anti
BY the fault aud negligence q the Bauvet Decree for
tie libellant for dams xcs aud costs
JoS,YA surge, and oia,fs, IS Tfc Rwk NtsspPs-
Hfsdr $ TODD, end Others Tis Scbora- i.tias
When sailing vessel meet at from thrss - ave
miles az the coast running in opposite directions, one
close hauled the iarboad tack ani the oh running
free the starboard tack II = the duty ui the vessel
With the Wind free 70 clear q the onc eloc hauled
III both close hauled with the Wind equally to
each and I'll y meeting drect tine, psrsl-
lei Inca % cndangcs collision u Is the duty
~ both vessels to port their helms aud g. 70 the lar
board II each other II u the duty of vessel going
u port in the day time TO have placed anil krpt su
cent look out the forward part Of the vessel well
the day II leaving port Other portion of her
age Held that the collision between the schooner
Washington and the bark Magcyps. of the al
New Jersey owing IL the negligence and fault 81
those board the schooner Washington aud that she
be condemned for the damages aud Held tat the
eros. libel against thu bark Mazeppa b. dismissed sth
costs.
TRs SchnyikH Navigation 60 TIE Ssppscoi Princeton
.frti Lauscn ne sdseiIeld that steamboat etn-
plyed In towing vessel ~ nut IN respect 20 the
sci tuwed the cargo board her common carrier
ami subject TO the responsibility of common carrier
ing tug than bailce for hir, and answcrablc
but ordinary skin aud prccaution IN doing the bu-
When, however, the towing ! under IN express
contract that II shall b. at the risk Of the vessel towei
the towing u only chargcab IN Of gross meg
.nce Held the shipped on board the
vessel towcd under y bill 81 atng executed by the
thereof may nevertheless maintain an action in
his against the towing vessel Tor the loss 81
her cargo or injury It, in the towing vessel s
made responsible to the to~ed because Of legal fault
/ in the tovage Ordered. in this both libcls be
1 dismissed with costs
tract hy the master ~ freghting vessel the North
river 70 transport brick from Cald~cs Landing TO Ncw
York certain 81 freight per thousand And TO sc
the brick York transmit the proceeds the
shipper when such contracts according TO the usual
course Of that trade and business " binding tn,
owner NJ well for the sale Of the brick and return
payment the pr0ceeds to the shipper, t0r the trans