New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-18
CIVIL COURTS.
UNITED STATES DISTRICT COURT-MlRCH i6.-Be-
f,fe the Hon Judge BI

UNITED STATES DISTRICT COURT MARCH iG-Be-
fore the Hon Judge Bits,
LIABILITY OF TOw-BOATs FOR DAMAGE ny COLLISION
TO BOATS TowEp BY IHES-BRnF ABSTRACT OF
JUDGE BErTS's OPfNioN.
1homi, Langley at The Tov boat Srr,ous.
The master and owner of the Syracuse contracted
TO tow the canal boat j n Eldrdge from Albany TO a
which wrc tOwed by the syracuse. These boats were
arranged in five tiers the Eldrdgc being the slnrb9ard
boat OF the tier next 20 the last ON rounding the Bat
terry to enter the East River there being strong ebh
tide and several vessels at anchor between the Battery
and Governors Island the Edrdge was forced against
the bow OF vessel az anchor and so injured that she
run ashore on Governors Island and immediately
sunk becoming total loss This suit was brought to
recover her value from the owner of the Syraousc.
The Court held In substance a. follows That Tnn ~
o under the maritime law safe conyeysn ce was guar
anecd 70 the towbOn 20 her place Of destination az the
charge and responsibility of the lattor Che Express,
the parties 10 vary that responsibility by contract The
contract they entered into did not make the Syracuse
AZ the risk OF the owners referring 90 the Edrdge did
release the Of the Syracuse from the duty OF
bridge to her destination The collision occurred at mid
day clear day with nothing to oberuct the view OF
ter OF the Syracuse IS that owing 20 the state Of the tidal
currents there not sufficient space for the Syracuse
and her tow Of 40 boats 10 pass without striking the vessel
ient on her conrse after 3talnng tbe hen az to ng
boats bring the tow around against the tide, and that
the Edrdge al that time secured alongside Of the
Svracuse ana that the accident by the wrong
m tOrtuous act OF the Syracuse and her master The
lbelan is therefore entitled to recover his damages De
cree accordingly.
Mcssrs scudder and Carter for lbellans Messrs
edct, Tracy and Benedict for respondents
INTERNAL REVENUE COLLECTORS HAVE 40 POWER
10 APPOINT ACHING GENERAL. INSPECTORS.
Before Judge BENEDICT and "A Jury.
The Caod states sgt Five bs% Distilled Spirits ouul at No i9l
This was an action TO condemn the goods in ques-
ton forfeited to the Government for not being prop
The spirits were seized by Deputy Collector Hines OF
the WITH District OF York aud were S.anded by
Joseph g. Ward, Acting General Inspector OF the I'D
The claimant himself was sworn. but failed to show
that the whisky had paid the tax lie was recti
fer and bought spirits OF dsiers without any proof
that the requirements OF the law had been complied
with
and Third Districts testified that In June he directed
by Wood and Pratt the Internal Revenue Collectors
10 act as General Inspector Districts the regu
lar Inspectors being both under arrest Claimants con
tended that this appointment was valid bat the Court
upon the request Of the DsrlcAttorney directed YER
diet for the Government holding that there s no power
given by the law to any but the Secretary Of the
Treasury TO appoint General Inspector ara mat there
Is no such officer as an Acting General Inspector.
Benz X Philips aud d. @. Rollins, IT,, Assistant United
States Attorneys, for Government; John j. Gray for
claimants.
SUPERIOR COURT SPECIAL TERN MARCH l6.-Beforo
Chief Justice Robertson.
DECISIONS.
Henry Wemthal agt. The Central Park Insurance
Company. Motion granted, without costs
f. Amsinck ct al agt Henry {. Foster Anne Thomas and
Infant, &c, ngt Henry Ransch Motions granted.
Jas l.. Williams agt. Anthony w. Morse OF al Motion
referring cause TO a referee granted
Before Justice JOKES.
MaryA Ma5teTsOn ct al. agt Charles Beers ct al Order
settled Papers in Clerks office. ~.
..... m.
COURT OF COMMON PLEAs-sPEcIAL TERM-MARcH
... 1G.-BefOre Judge CARDOZO
f.-..N DECISIONS.
Brendenback agt. Radley.-Ihe notice of motion
In this case is wanted ... ..
Harvey agt Pagc~Motion granted. without costs and
with leave to plaintiff 70 bring action. .....