The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-17
United States District Court.
Before Hon. Judge Hall.


JUNE N..JcSf7h ". Huncor Us. IGe Si.;p Paa
nIr-Thc ibellant is the owner Of the stcamboa,
Hero, and sues to recover damages for collision
between her and the ship He alleged that about
midnight on the sth day Of August last, the Hero
was coming into her regular berth on the north
side CT the pier at the foot of Spring streets that
while backing In as usual, her smokepipe came Into
collision with the mainyard of the Phoenix. which
was lying at the pier above, without having her
ysrds bracei, as required by law, whereby the
smokepipc was carried away, and the steamboat
Otherwise injured to the amount Of about $500. The
Claimants denied having the ships yards squared,
and claimed, that if any damage was done to the
steamboat, il was done BY her own neglect in run
ming against the yard Of the ship, she was lying
properly and in proper place. Held by the Court,
that, upon the evidence, the collision happened by
the fault and negligence of both parties. Ordered,
therefore, that the damages sustained by both yes
sells be divided between them, and reference to
ascertain the amount. No costs given to either
party.
U'TliGa IT. E2d,idge and others as. Fofy.one
bars Of Railroad L'on-The Libel in this case was
salvage compt nsation raising forty
one bars Of railroad roD which was sunk in the mid
die 0fthe Hudson river little below Forests point,
in about thirty feet ofwator. The claimants Of the
iron, the New York and Erie Railroad Company, al
lege the facts to be- that large quantity OF railroad
non belonging to them had been lost there, and they
had employed one Munr0e to raise il (: that Monroe
had raised over 430 bars Of it, and having another
job little ways UP the river, he left the iron for
whilo, meaning to come back and finish his Job !;
that while he was gone, the libellants came and
raised the iron without their consent or that of
Munroe; that after they had raised the iron they
came to the agent Of the claimants and represented
that Munroo had abandoned the job, and the agent
then agreed to give them IS bar If they would get
it up that afterwards fiuding they had been I'm
posed upon. they rendered the libellants 800 for
their services Dccreed by the Court that the libel.
lants recover the sum Of $780, being tho amount Of
the tender ard that against this the costs Of the
spopdcnts should be set offm0 fantO.
f0,,Ec. 0nd ofh
boat ITansif.--The libeants were the owners Of
plot boat Washington No. 4, and sued to recover
damages occasioncd to her by o collision with the
ferry boat Transit. The pilot boat which had been
injured in the lower bay, was being tOwed up behind
tho steamtug Achilles, about midnight, in the month
Of December, 1861, by line. On passing the route
of the South ferry boats she was run into by the
Transit, and carried away from the Achilles, and
soon after sunk. The claimants denied any fault
their part and alleged that the pilot boat was In
fault in showing no light ard could not be seen
from the Transit; that she had been seriously in
jured before, and her sinking was caused by her
previous injuries Held by the Court that both par
ties were In fault and the damages must therefore
be divided between them. Reference TO a commits.
sioncr to ascertain the amount.