Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-03-02

The Buffalo Courier says; We eHtfect
Che fallowing from the Detroit Tribune and,
republish the statement Of the Tribune on
account Of the great impofaneeof the decis-
ion TO the shipping interests. Upon reference
10 the statute the construction Of which was
involved in the case, We had that the effect
Of the decision is to mAsa tie AFhOlS statute
apDlicahls 70 Toe Western lakes, placing
them, IN this particular, upon an equality
with the ocean. The statute provides, in
substance, that ship oWHers shall not be
liable in case Of FIRE to any amount and that
IN All other cases such as cases of collision
and the like they shall only be liable to the
extent oftheir interest in the vessel and may
exempt themselves from that liability in some
cases, by assigning their interest in the.vessel
to trustee appointed by the Court, The
consequence ofths decision win be that cap
italists and others who have heretofore been
deferred from embarking into our carrying
business on se2ount of the extended liability
incident TO their ownership of vessels, may
now invest their capital and own interests
in them without liability beyond the extent
Of that interest. The objectof the act in
England and in this country necessarily,
was to promote ship bnilding and foster COM
merce. We regard the decision as perhaps
the most important which could have been
made, having reference to The Lake Com
merce, extending to that commerce as it
does aler contrary decisions by inferior
courts, the whole benefit and protection Of
the acr:
In 1855. Moore, Foete & Co. had shipped
70 them from New Fork quantity of goods
directed to them at DetroiE. The goods were
placed on board the propeller n. p spauld'
ing, of the American Transportation Company
at Buffalo While the propeller lay at the
dock, she took fire, and the goods were des-
troyed. Moore Foote & Go. brought sui
in the Wayne Circuit against the Transpor-
tation Company for the value Of the goods
and recovered a verdict of $3,O50. The case
was then taken by the Transportation Com.
pany to the Supreme Court Of Michigan
where the Company insisted that the Act o
Congress Of March Sd, 1851, entitled An
Act TO limit the Liability ofShip owners anc
for other purposes, which exempts ship
owners from liability from loss by fire, moi
resulting from fraud OF neglect, applied II
this case The shippers on the contrary
urged that the clause in said Act excepting
| all vessels engaged in river on inland RqUig4-
ZION, from the operation of the Act covered
| tins case, on the ground that the navigation
Of the lakes Is inl1nd navigation, and that al
navigation is such which Is not upon the
ocean. The Supreme Court of Michigan
however, held she contrary, and reversed the
| judgment below. The plaintiffs, FOote 4
Co., removed the case to the Supreme Cour
Of the United States, upon the ground thR
the construction Of an act Of Congress wa
| involved. The case was argued in January
last, and the Judgment Of the Supreme Cour
of Michigan was sustained, Nelson, Justice
delivering the opinion February 18Th. The
case was argued before the Supreme Court o
| Washington by o. 1. Walker and G. B. Hib
bard Of Buffalo POO % -.
Atthe close Of the argument, Ar. Chic
Justice Taney remarked 10 the counsel, that i
was the most important and Interesting
ease that had come before the court for many
years. baoF grl i5
The effect of this decision is a radical
change in the law concerning common car
riers Common carriers have b en- held from
the earliest times in England, as Insurers O
the property entrusted to them. The act O
Parliament %, Goe. Ill, provided that car
riers should not be liable for loss by fire
resulting from accident, and the act of Con-
gress of 1851, was substantially copied from
it. The English act evidently related only
to the Ocean, aud Of course upon the passags
! Of the American act, the most serious and
/ difficult question presented itself, whether The
Lakes are upon an equal footing with the
Ocean, within the intent and language Of The
act. srhis question has been decided in dit
ferent ways by different COURTS, but has now
been set ARREST by the above decision. Tha
decision although hardship to the plain
iffs, will be hailed with joy by the whol'
Lake interests. 5-r