The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-10
DECISIONS IN ADMIRALTY.
Before Hon. Judge Belts.


William H. Wells The schooner Anne Cdroline.-The
schoonsrs John c. Wells and Anne Caroline, when
beating up In the Daytime through Cape May inlet into
Deauar bay, against . northwest wind, both closed
hauled the Anne Caroline the staroosrd and tbs Wells
the Lar board tack came in collision, whereby the
Wells Immediately SUNK and vessel and cargo be-
total oss Tho Court held upon the Law aud facts
The suffering vessel had net BY her plesdng
of proofs hown herself bau~ls and that II the disaster
caused BY fault either SIDE is primarily with
her, and she must bear the consequences. Libel dis
missed.
Walter D. O. Boogs Us. The Brig Loutra-The brig was
Portuguese vessel Of about 100 tons burthen found by
the Hunsress the 18th Of January LAST Is
20 miles below Sandy Book light, the cost with
signal up for pilot The tug took her In and ugh
her ato this without injury exposure the tug
vice al performed In the day tame. and In moderate
weather The ibelhnt hi. part that ths
ss
the vessel disabled and in DISTRESS and that the
vice was salvage service For the claimant Is proved
that the brig ony required pilot that neither her
ter any Of the could speak English and that BY
signs ard figures passed between the master and the
from the tug twas understood the brig that 200
Portuguese meas and not oOo the price agreed
to be paid That sum offered to the nbeIlant and
refused before suit brought The Court held that the
service OF towage merely, and that The de-
manded was unreasonable AUD exoroi That II the
master had made such agreement Ter apprehension of
against him; but that in this the brig in no
peril, and the tug was eDtts Ell to no more than fair
Compensation
200 mireas. or SPA. with ,sts
Wil.iam y. Dodge and Ot,erse III. SHIP John Stuart =
The ship John Stuart and 'h back 'reenpont in
collision between the Chincha islands Calao in the
Pacific, the night Of August 1853 The bark valued
at sunk and lost the ship seriously
the bark was free before the S siG At the
but neither party in his peadnss set firth the direction
or state Of the wiud or the bearing at the time
for either vessel ros Is vicious pleading and the first
fault being with the ioellans, intenament can be
raised to their advantage from rhis state of the
them So Also as the bark had the Wind free, it was her
duty to have kept clear OF the ship unless by
the misconduct of the ship uncontroAb The
evidence shows that the bark took proper to
avoid the cosion and does not clearly Ak any fault
the ship conducting to the collision. On this of the
the Court held that right of action bad been
tabished, and ordered the libel be dismissed
Otto Dit and Oilers Is. 7hs Bark Cotombo.-Ths
OF thirteen casks Of bistles at Hamburg unsigned 70 the
hbeants On dschsrgirg cargo at this port cask Of
brstes was found broken and the contents largely dam
aged. The claimants deiend the action brought
cover thcte damages on the ground that there is
proof the ipjury owing to neglect fault Of the
eel The Court ned that the bill lading ackn ~ejgiog
the cask to have been in good order when shipped su
Acent 10 charge the loss the vssse unless the claim
ant proves that the injury aroe from some cause for
and reference.
Joseph Bounty rs. Patrick Kerrin-Tne lbersnt,
with the aid Il . soop and men, raised for
the deftn the boiler and machinery OF q wrecked
steamboat, He claims a salvage reward for the SER
vice. or . qudntum rdle6dt compensation Of at least
925 per day. amounting to $2i8 50 aud upon the
evidence the latter appears no more than q rss
sonabe compensation for the services rendered, with
out considering 1t of salvage character. The
pondent proves by his sgen that be made specific
tract with the hteant TO do the work for the gross
Of S26 This wifress not discrsdite1 there
evidence contradicing him this point. Evidence
offered BY the respondent that he had dlspossessed ths
hoeilant OF the machinery ar II rails I'd, by repe
VIM and had rendered him In specie S25 before suit
brought Held tnat bellsnis recovery must be limited
ON the testimony TO $685. hat the repevin action did not
Affect the merits Of this suit and thai the tend proved
not having been made In court, did bar c,s'a. De-
cree LOT the belant for $685. with from October
10, 1854, and full costs.
james Berry ~. The Schooner Hon,e-uma The libel
seeks to recover 500 &c. balance If wages due MIN for
services on the schooner fom F.bru sry 70 July 1855
at SIS per month. The whole wages amounted 10 sol O
against which the htellant credits payments 10 sd
TO- 1he answer admits the rate of wages ami servi,e
board enc irg July but denies that It began
the 9th Of February, and the amount canned AZ
1877 co. witch it claims paymentst to s5l 81 leaving
balance CT S35 70, to which tender with sli AZ Saa
made TO the belant and duly paid Into court H.Id
that the hbellant proved ssiicoiy that he .ed
on board the vessel early the 1s February Is5
and Ia entitled to the admission of the an wee 10
bound by ,be assertion Il The arsser that his -
did not begin till February g. The two facts ~. iu,
per dent Of each other ard the cwEer the vssse, not
entitled bsve his admission Of qusHfy make eyi
cence bis assertion of the other. The claimant fails to
prove the credits he sets up and hs belsus Il entitled
judgment for the apparent balance Of 500 90 costs