The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-26
U. g. CIRCUIT COURT T--CHIEFJUSTICE
s.. p. CHASE, PRESIDING.

The court opened at II O'Clock yesterday
morning. Chief Justice Chase and Judge Bryan
on the bench.
The court resumed the consideration Of the
! case OF the steamship Moneka vs.. Richard Ar
mold. Libel for damages to three horses in
transitu from New York to Charleston. A. H.
Brown, Esq, was heard for appellee. Decision
reserved.
Steamer City Point VS.. James p. Smith.
Libel for damages sustained by appellee in the
breaking OF the gang plank while passing from
the steamer to the wharf A. Fl. Brown, Esq,
appeared for appellant; G.. ID. Bryan. ESQ.,, for
appellee.
The grounds taken by counsel for appellant
for setting aside the decree Of the District
Judge were that the appellee, Smith was one Of
| OF that class denOminated as runners, and had
no right on board the steamer; that he remained
there un til admoniehedt that thevessel was about
| to leave the wharf, and that he and his compan-
| ions then made o rush, jumping from the
wheel-house upon the gang plank, which broke
| and precipitated Smith into the water. which
resulted in his instituting an action for dam
ages. Counsel cited the act OF 1862, which
prohibits runners from going on board ves-
sci without permission.
Counsel for appellee replied, showing that
these men were employed by regular ship
ping master to take on board the steamer o
| number of sailors going to Savannah and that
| the act of 1861 did not apply.
The Chief Justice held that it was clear By
the evidence that the plank was defectiv9 md
| ought not to have been used for passengers
going on board, or passengers from the
| steamer. tits the duty Of the master to pro-
vide plank of suffice ut strength, and he was
bound to provide for all the emergencies of
| ordinary travelling that may occur either 10
going on board or leaving the vessel. I. would
be no excuse for a master to say that there
| was rush. It did not appear that the appellee
in this case was there as a runner, but was
| apparently employed in putting men on board
who were to be transported on the steamer to
| another port, under contract with the yes
| sci itself. The act OF 1852 did not apply to
| this case That gives the master power to
protect himself against runners as trespassers,
and have them punished for misdemeanor,
but it does not give him any power to have an
insufficient plank, by which any person may
fall and sustain damage. The decree Of the
District Judge was therefore affirmed.
Steamer Moneka Va. Strauss & Vance. Libel
! for damages on breach Of contract Of affreight-
ment. Porter & Conner for appellant; J. N.
Nathan, Esq, for appellees. Appeal dis
missed.
/ Albert o. Stone, appellee. vs. Schooner
Grapeshot, and owners, appellants. Libel for
supplies furnished vessel. a. 81. Brown and
Edward McCrady, sr., Esqs., for appellants;
Porter and Conner for appellees.
| James G.. and ID. G. Marsh, appellees, vs.
Schooner Grapeshot, and owners, appellants.
Same counsel.
Kanapaux & Lanneau, appellees, Va. Schoon-
er Grapeshot, and owners, appellants. G. D.
Bryan for appellees; A. q. Brown and Ed.
ward McCrady for appellants.
The Chief Justice affirmed the decree OF the
District Judge in the above cases. Nothing
is clearer than that the owners Of vessel are
bound by the action of the master who is ap-
pointed by them and represents them. Where
master obtains supplies for his ship, necss-
/ sary and proper for the vessel, whether in her
own or foreign port, the owners are liable,
and the remedy exists against the owners. n
the master undertakes to bind the owners in q
| matter beyond the limit Of his employ, the
owners would not be liable; but there was no
| such complaint in these cases. The owners
were liable either jointly or severaIly, and pro-
| ceedings against them could not be arrested
| by showing that all the owners were not served
with notice Of process. The parties furnish
| ing the material or supplies could have their
remedy against the agents or owners Of the
vessel, and If one Of the owners failed tomake
| settlement, the remedy must bo sought against
him.
e. A. Perdicaris vs. Charleston Gas Light
Company. Bill in equity for relief. Memmin-
ger Jervey for complainant; Porter & Con-
ner, Campbell and Ed. McCrady, Sr., Esas.. for
| respondent.
The bill was read by Mr.. McCrady, and the
argument postponed to this morning. at ten
A. M. ra
Elk parte D. Fl. Chamberlain. Petition for
admission to opractice in the United States Cir
cult Courts for South Carolina. On motion of
d. L. Corbin, Esq, 1t was ordered that James
Conner, r. 8. Duryea and Henry Bnis. be APP
pointed TO examine and report az 70, qualiaca-
tions Of applicant. m
/ On the Bankruptcy side Of the court the fol-
lowing business was disposed Of:
In re jacob F. Witt, bankrupt. Appoint
nnent OF Charles B. Glover as. assignee ap-
proved by the Judge. ts s9
in re Adam q. ZsigleY,' Trusciila G. Robin
son, 8. D. lzlar, p. Liyingston, jeremiah Riley,
Howell Easterlin, Theodore Kohn, f. Damacio.
Petitions for final hearing. Izlar & Dibble
proctors for petitioners.
On motion Of Izler q Dibble, attorneys o.
petitioners. 1t was ordered that the final hear
ing for their respective petitions for discharge
be continued to the Sd day Of June next.
Ts# -o-- NH
REPORTERS Crumbs old colored woman
was found, yeste1 day, at the corner OF Market
and Meeting streets. too sick to move. She
was taken to the Guardhouse on cot, and
will be taken care Of.
A collection is being taken up to aid in de-
sraying the funeral expenses OF the drowned
members Of the Douglaga family. ~
The co 70 Of ilktappiDR, referred to in THE
NEWS Of yesterday, did moi ocsur al the hard