The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-29
Appeal I'm Admiralty.
UNITED STATES CIRCUIT COURT.
Before Hon. Judge Nelson.

Before Hon. Judge Nelson.
Sxpr. 2s-John De7abreens and others u.s. Jno. j. Lar
John j. Laurence The Brig admiral Collen
buy-The first of these suits was brought to recover
freight shipment of fruit Palermo to New York
in the brig Admiral Gutenberg The second is cross
suit by the consgnee recover for damages 10 the fruit
In the Of the voyage The bill Of dng contained
the usual exceptions dangers of the sea- &C. and also la
by 70 inherit decay The brig sailed from Palermo on
the 9th Of December, 1885, and arrived at New York
the 10th OF May 1885, after passage Of seventy
days. She encountered storm on her voyage and was
~eompecd 10 bear away to the port Of Lisbon in Portu
gal. Tor repairs, where abe delayed forty
days III rei,tng, and where survey of portion OF the
fruit which vas perishabls 600 boxes Of lemons and
2l50 boxes Of oranges) restsd aad which were all
discharged from the snip and placed IN Wei! ventilated
warehouse on shore. The boxes opened and II
damaged, and the fruit found be decaying, the IN
sound were separated and then repackei with care
quantity equal TO Ala boxes Of the lemons and oranges
were found 80 be tar decayed as 70 be worthless tia
greater nropcfpon being oranges On the arrival of the
brig IN this port almost te Whole Of this fruit was In
very damaged condition. II not denied the part Of
Ine counsel for the consgnee but tina. the damage was
occohed by the natural and inherent decay 0! the ar
ce put y IS insisted that the fault Of the master in the
course OF tiie voyage contributed 10 this damage FIRST
~ INSISTED mat the length Of time occupied III making
the repairs at Lisbon was unnecessary and
and Lt inns dfay was occasoned by the carclessness
and want of energy Of the masssr and that Contributed
70 the damage Of the fruit second and iba. tho onar
Of boxes OF frnt AZ Lisbon and the handling OF il ir
separating the sound from the unsound and tho rcnan
ing the same, had tendency to increase the deco ~ Inc
article manifested want OF proper skill in tking AZ
the fruit In Of the shipment and contributed ~
The damage The Court below overruled these nro,os
TONS and held upon the proofs that the master had
not been guilty Of any cuipabe omission Of duty on
Me voyage which caused the loss deterioration of
the fruit, that the delay Of the vessel in Lisbon
where she put in for REPAIRS beyond the time reasonably
required 10 obtain them was the immediate or proxmate
cause of the injuries the fruit had sustained And that
being proved that the efforts Of the master in harbor
preserve the fruit, made in good faith, and under
the advice OF experienced and competent persons and
corung 10 the best JudmeD Of the master the vessel
not responsible for the injuries the fruit received,
the means used 70 save the suitable
well judged; That the master quasi the agent botl
parties IN respect to the cargo found peshng condi
ton on board Of his ship and his honestly put forth
in the emergency with the intent the best interest Of all
concerned are to be indugenty considered. We have
looked into the evidence OF the case and although il
contradictory and IN respect to the time consumed In tbs
repairs at Lisbon, not very satisfactory we think hr
weight of il s1stans the views of the Court below W.
admit it is difficult to understand or believe that some
seved weeks should be Lisbon IN refns tbs
vessel when the work could have done at this nor
as many days But the evidence returned 10 the com
mission executed in Lisbon explains fully not however
ia very credtable TO the character or
Of the ship masters of that port or TO the commerca
enterprise of the government Of Portugal We are salts
fled chat the DEGREES Of the Court below are right AM
should be affirmed