, 1863-07-04
IMPORTANT SUIT AGAINST
THE CITY.
United States District Court---In
Admiralty.
DECREE FOR LlBELLANTs,

LUG DIell1ct court OF the United States for the
Northern District Of Illinois .1nape Drumnond
,,-aa,a,.- -s ~ ."'4e, saoss Dsnnoo.1 ~,
ve'4a4ns' was engaged several days lasttesm VIII
the important case Of Albert E. Goodrich and
,n;.aft1 - 49," A., S-s =. .1,.,s.,a.a,
As' ~ tais case 1ne court s'a'eo 'na' 10 n~a'
with somc hesitation. come to the conclusion to
entera decree for the 1beltants.
M, ~. .u-
F. tne 1aels ID the case were ot1enyas lo'o"S'
In November, 1856, the schooner Mckay was
e.r., -. =, - r,htcsoo hs,ho. =, . f,,- 49,
soun p'ei ~ e ns ea.aso na.o.t ~. - AZ" aass
after the Athhy ~as wrecked l1he latter part OF
November or beginning OF December. 1866. the
Harbor Iaster Of the citv emnlovcd the tua NJ.
~ - - - ~ 'a' 'as nv"
8ueen efeno'e tae Aenas, ana 1allea IN the
effort AS the winter was coming on aud nayiga-
ton about closed nothing further was done At the
t;roa For anna +,,,a .fta, H.. ,r.T.--,. - 49,
.4.ns' ~ to4e eu4e a!1'. .ao aleaas san2, some
portion Of her was out Of the water 80 that It
could be seen Whefe she law but m the nnen{p, of
nsr;o..;,, =, a., Go. - ,n,s ~ fs"'@s ~
- '"s op'1.s " Ao'a sue hao oscome
entirely submerged. a change Of position took
place in the wreck, but the Court was Of th..
oninIon that the cv1dancc e.t,r1,shsa +hot - ,.s
in consequence OF the action Of the water and
from natural causes, and not through the efforts OF
+ha s5.o,h,,, n,ha,,h ~. 1r.1-s- r
heen tS1n ,ro1c act;ae ne s isat nAse
" ~ .ssntae sh;c sne o. me e1oss
in1 dnwa ~ ~ Hs.,or ~ .s1a. m ~, Nv nolu-
M aa oonS taa ~ II tne a narooF aaIsf Or ths AsQueen
could not be On Ct sn S
pl .t ti ~ ~ az wren tae clty was obsed
~ ~ eo+i, ~ - Essg IT, IN NE evening o.
h,:i' le III H. u 1oos, tae steamer Huron OF
VI. y ~ ~ hoGnaa. wele ne oNnels, IL backing
81. " ene Iaa tato ine MIees OF the Nc
% 80, no.s ~ ans uol!om ol t1e steamer,
an9 % N'an.n ., q .sw r. Mln4tes @ ntleo ana sunk.
2Lats Eoott aSaiast tHe CITY, oa iac ground t6at
iae cty %ae a1as9 M.9fa ~ !. senose tne wreck. The
tba+ - ~ npon me
plesampt'yn tpat sae cnaeter eonpeled me Gtty to
femoss reno M saen @ oosIlnetlons a. taat Ct tue Mckay
from lne I1veI anu tnat the omission 70 do 1t made
ne euy Haoae 1or aA 1he loss sustained BY the
city had ever attempted to exercise any control
oFe1 tne NIeck. OF interfere with It IN any way.
4 dtmurIer was 1ntcrposed to the declaration, BY
obliget The city to remove distinctions, but only
gave It discretionary powerto do It.
OF this opinion vas !hs court below holding the
Supreme Court OF the State the latter court ruling
thatas the city ad not attempted to exercise the
power conferred In this instance, yix. the removal
Of the Wtcck-it could not be held Responsible for
the loes. The case Is reported In s0sh Ill Reps,
p. lis.
But the libel In this case went further than the
Gaze III the State Court. IT the libel aud proof
showed inst such a case as was then decided. it
might BE- conceded that the libellaats would be
csiopped by the Judgment Of the State Court.
But In the case in this court 1t was afirnatlyc1y
alleged and proved that the City did assume ja.
tifd1ction and control over the wreck. It eIer-
ciecd the option which the charter gave it. The
city undertook to it in the fall OF 1856 and
did actually renoyrit in the year folio sing. tap
peared By the testimony of the Captain OF the Nc
Queen, that the reason why the effort made in the
fallof 1656was not succcsslu1, WAS because the
havscr furnished WAS not strong enough, not
being able 10 bear but small portion Of the
The city having undertaken to remove the
wreck, could not BE- permit cd to defend on the
Ground that there Was Il discretionary power given