New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-20
UNITED STATES DISTRICT CoURr-Nov is-Bsscs
Ircrr Pr1rS
DECISIONS IN ADMIRALTY COLLISION BErwSxS
STEAMER AND SAIL VESSEL.

STEAMER AND SAIL VESSEL.
Daniel Gd.rsiseye VS.. The Propeller oahnebsas.
This wss lib, filed by the owner of tho schooner
Sailor. Dsh The damage. oCca'Oped to sst b.
collision With he propeller which occurred shout oesos -
ssnsss Point. The popesr bound lat, u:
Sound the schooner bound TO Brooklyn The vine
each other SteopnE Stones. and each es~e1
70 have been Iusnius course which would have ben ss
both the oth bad held her and each changed devt
he'd BY he Court That the se applicable to s-A
and Of the si mus, tab. all da" Pecsness ~
srsyss Of the conflicting ',stsm.n,. Of the witnesses
That the change Of direction proved BY the claimant 10 esvs
been by the schooner cid not sbsolys the eu
the ob.stiol Keep 81 her the movements 80
psrly from the propeller distance amply sufficient -
Thai the propeller baA full Time BY 'tabon5ins Der sss
to bsve secured .sfe ps.sse 70 so,s vessel ss va, csns
to the of hs was on because the 'chooher wss
Decree Tor hbelsnt with ference.
FOR hbesnt. Mr.. Hsshett; for csimsnt Mr. Lsvsnsss.
MASTERS Observation-Disclosures
Christian II shesr. sg,. Frederick Lhfle,ohn
This wss n libel 70 wsges due To the hneisA
for services master Of the barge Vanderbilt from Novsuss
ration and Of the contract Of hiring sud that defsn
ant; irere. in tho barge Wa. ;Sd IN asy ISIS 70 r.ss
that while in their employ be reeeent and .e.ss 80
to the host Ii. value q Witch .hopid be deda ted
Hedby the CoU-Tha on the evidence toe demand OF tns
b.snt fr hi. services Ia Dec. q 1855 hs been paid
Thai there evidence contract TO pay the helsss ss
specific by the month ster that tmesnd s the se-dA
sps ordinary raid by the the pessny-
.boue be that the engagement fr the succeeding 'e.s
having proved the alleged sal, Of his interest must BE- bod
liable the reasonable value Ct the blirts services hoas
That the properly under HE
ss s% f s S" be- % snS
that property lost In October following that be b ma
That this cs Is not matter which could be brcush In and
tiled by way Of setoh If there be subns liability q ,he
eart for the vau. of lost 81 -
bic remedy must be sought by direct actioa
For ibeIsrt"Messr. Bsebs, Dean Donohae. For 70
spondrst- Mr. Van saatvoord.
.UrPLIs-JoINr characterization OUT or Pos-
SESSION.
william NJ Dodge 1T al ss- Arthur Lsary ct al
The libel IN iris legged that in Ncyembor, 1884
hc beants end respondents joint Of the bss
r,~ndfnee Of Appleton oassmb ara that the bssa, r
I.hd = the ships hg.bsss 'aPPss or the a's .ss ',ssss
Gsr..s end ssed hat III supplies .s5s u IN he, on ne
hs, thu espondent only held nominal title In the vessel
secure debt ing them b; him
b. n this form Of proceeding foe sappssA
liability them upon mutual debt without svsrnsai :.
moe than their legal shsre upon the liability
%sS II. s2" It the 5 s s not
functions necessary to compel adjustment Of seoous -
That is fatal to the suit that the respondents sdy
moegees and the possession not having been IN en neg
debs contracted the ships husband
hoI,o'sT - a. least sSuves on ias p.oo s
Libel q smssed with coats.
For Hbeants-Mesns Wassman LAtns end Phelp& Fer
respondents Messrs 5eebe Dean X Donohue
sUPPIIEs-PLEADING.
Joseph Bartrop sgt. The Bark Martha
Ths was libel to recover go for supplies furnished
to tn. bark The claimant excepted 70 the nDi for in.s
cheney.
He'd y the Court-Tbst the suit cannot b. sgsic
the domestic vessel under the State lien lsw, beossso
the amount 10 under $50.
That lien cannot be created sgsnst her foreign vesss1
whou, sveed and proved tina. tho supplies ner
.ry ana that the owner had credit port upon whoh
they could BE- obtained and that they forphed tho
credit Of the vessel.
Libel dismissed with costs.
For Lb.lant-Messp Easton and Pert FOR clamarts-
Messs Beebe, Dean Donohue.