New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-07

M sis Injured BY item i, is By tual~
70 i the os1'c. rest where falls. they may continue
10 yoy tas exemption or svod duplicate sb'y where thc-'
uIed are Who or equAy ct fault in coi.on with another
sr Of uath anger xare Jurs DO less ,brsed th'n
JudSe story ard Lord Dermsa Themselves In :hs
ohct lndgr'rts tec'y 9; i.'e upon this vcy pint The
Garner occasion was England and pronounced bJ Loi1 Dep
man That The ynderE-iten not bound 10 nd"mnif,
yoi TIE csmsgc to tbe direct subject OF their Pcy Lord
being fault p the Court Of Admiralty requires
combined to be equally divided between the OF
NE two II turr out be slip Insured Ia. done moro dsm,ss
other ship amount under the rule Of the Court OF Adn
sr re, S 3. asS,ss S% an
he dr Of naticn from rer Of general erredieney not a, dc
AID can 10 more be charged on Ii. than peu.
incurred for CONFIRMATION OF the revenue laws any particular
STATE which nay have been ieDdeed e',ae BY the pe'
The principle Lord Denusa decided ap3n quotes fro
nhnie for the consider the Of esres
and their mpuon q another therefore cor@ne'h it,e
out looking % any further degree"
Of tie R". .w S vie t the los. I'll where sh But
Lord Bacon ard Lord De nrnan go fuhe T. .y both coISed
they may the labyrinth Of Of
cersi6ly involved in d9ulte. or Lord Dtna.n /. con-.
Of :q a y ft it. % asss sd
such there must be radical deci 10 the pecedens
which control legal decisions under the ru question If tb.
rule charged that eseb interest AID its underwater could
not have than specific amount stake ard tina, amount
limited the value Of tbs specific interest the named In
the policy up hich the premium been psid each party
could vel understand bis position and the e1teut Of mia liability
snd sypes' 70 u.s. WITHIN tbe rules Of toto eqy and a;'
n.y. ard DO stronger reason foi exemption to the underwater
iesd said Judge Story S the from tS Unlimited
liability aud fixes his ia involving
quoted om iod The Eo bad
review Wa Of The De xeu6 vs Ssysdor Ato E' 40
as C., c and NJ 7l3" That which Jrdgc Story pr
nounctd Judgment Peter.ys Warren Irs Co. summer
"2S9; C. a Peters 90 This 70 the Supreme
of
whGe 1t was governed and decided as follows:
within the dominion foreign power by law, sill
occaoned thereby 20 be borne equally by ths two
policy insurance only the direct done
the ship insured by them but for the lo'
BY hs e"" he maxim ' Of sSs not he
mote eous Opd be cOn.ded is not Of universal application in
the law and does not exclude occidental Losses flowing legal
Dstua from the direct injury loss of the thing
injured Inc sentence Of sioegn court oil competent Jndisdc
ton setting N rem conclusive in respect to the matter on
Judge In poDouncing the opinion Of the said:
The question in all OF this sort what in just
the in ste oauseof this 10 the present
the mmedc or poSime Of the los. claimed aud
the collision bus tho remote But surely this
ns 1.-THE srsament were to be followed out, it might Be ad
with exacne that the decree Of tbs Court h. pO1
In just view Of the matter the col ison was the sole cause
Of The loss ard the decree Of tie Court did bit ascertain aud
the very moment OF the collision The contribution
conneeted IN Of law With the
e the eaot and damage immediate direct and positive from
AMER con.deIins the maxim TIE g,ot~at not he remote
SS"S hsd story noticed the :. IS
said not supported by the scges Of the lag or by the
faId after ieadrs the decision in the case oPee
Warren Insurance Insurance Company addressed the Hon.
Your report Of Judge Sorys sentiments decision in
De Vsux Salvador bad not escaped memory and bis now
to show that FIJI decision Of the point might hays
hsa If should arise again the Of Peter Warren In
Company will least neutraze tbs effect OF our deci
sion and induce any Of Courts 70 consider the question an
recorded judgments of such ursts Lord Denman aud
Judge Story since their are upon point Of orr Subject
Of law which leaves ofthe bearing stue " to where
s aa y as SS o
the former his regret. that the had not been
Seoi. any Of the English Courts. their former Judgment would
ASoSsh therefore I'll there ere hs. been later decision
Court sdIse to the r. a. acpdsed IN the Case OF Peters
cssen the established by Lord Deuman and
iccur 10 find its law pronounced by Judge Story better
than thai Of the period We do not consider the point by
any ally disposed OF the liability Of the under
writer damage caused TO smother by the direct subject Vi his
pfTSy r,c.ns 70 n. v,s, highway, Of o,io,, should be
universal aud simple should the discretion,
ssy ntrused TO shPms'teI in general cases he narrowed
down to cumulative responsibility upon his owners in cases oil
collision We do not Therefore perceive the Propiety Of chs
ing vessel and ownsIs With fault and 1.,S.r ds%e
accident mi,forfnne or at most miyudgmeut any
disaster At seq oceasoned by fire from the csboose stove
lamp owTeck by the sh hsvng outIun the msstss reckon
and have only to bear their own direct loss aud not
losses in with others directly remotely concerned;
to such other casualties al parties interested take the
Iiks Of the masters and mariners Of lso
Let take oI instance the case OF me collision between tue
in contact Cape Race in dense fog CT the case OF
ss at Ts
fault in these cases ws more than the total
sable; or of the HAVE line Franklin the coast Of
Long Island of the steamer Hgmboldt Of the same line
believe and 10 the kind Of weather might
easily have been lost BY collision by STANDING and without
and nsiIei Yet in TIE Of these steamers tue law n clean
and ard 7. ns their S,, % Ss Dc
ship have been assured On the other hsnd In the
came nsly besd on to each other ncarns By
such as we suppose mutual .n aud perhaps an sq%
ve.s may still be liable suit which may result in damages
to he other party to at lra.t S75n@o
ee.c sSs he 'd i
his close ws,ennes' Of duty mOpey of conduct on that
occasion and the apparent disregard the par the appellant
Lyonra tbs, we eauot but rrcuT TO II, promiun, Incidents
Capt Durham that at lo night the watch thu look
yr which was steadily spmosehnr and thai i wa. visible
she continued her then but when within third OF
nile her suddenly chsuged bearing down Upon the
A6ratic Fearing that collision woud CAPT put hs
brm his bark came the wind that her sails all
put down the steamer would have struck hi. amid
h 'IS IL. ' 5. wsd leaving her The ba ps
wreck the steamer pursuing her course without soPpnf nat
on the part Of the Adrsiic Captain Duham himself deck
.sr al light displayed the Lyonna plainly in view her course
% Who'll, The Of the OF The Lyonns. being
sudden changed when the baknsesd of which had the
ayCeed The Ad,isic would neIcepouable In all
l.ear tfalha n in