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


g. p. CHASE, PRESIDING.
The court opened at II o'clock yesterda
norning Chief Justice Chase and Judge Brya
on the bench.
The court resumed the consideration of tn
case of the steamship Moneka vs.. Richard Al
mold. Libel for damages to three horses i
transitu from New York to Charleston A.
Brown, Esq, was heard for appellee. Decisio
reserved.
Steamer City Point vs.. James P. Smith
Libel for damages sustained by appellee in tn
breaking Of the gang plank while passing from
the steamer to the wharf. A. b. Brown, Esq.
appeared for appellant; G. D. Bryan, Esq, 70
appellee.
The grounds taken by counsel for appellan
for setting aside the decree of the Distric
Judge were that the appellee, Smith, was one
of that class denominated as runners, and hae
no right on board the steamer; that he remained
there until admonlshed that theYessel was abou
to leave the wharf, and that he and his compan
ions then made rush, jumping from the
wheel-house upon the gang plank, which broke
and precipitated Smith into the water. which
resulted in his insttutipg an action for dam
ages. Counsel cited the act Of 1852, which
prohibits runners from going on board yes.
sci without permission.
Counsel for appelle9 replied, showing that
these men were employed by regular ship
ping master to take on board the steamer
number OF sailors going to Savannah. and that
the act of 1862 did not apply.
The Chief Justice held that it was clear by
the evidence, that the plank was defective and
ought not to have been used for passengers
going on board, or passengers from the
steamer. 1t is the duty of the master to pro-
vide plank of sufficient strength, and he was
bound to provide for all the emergencies of
ordinary travelling that may occur either in
going on board or leaving the vessel. II would
be no excuse for master to say that there
was rush. It did not appear that the appellee
in this case was there as runner, but was
apparently employed in putting men on board
who were to be transported on the steamer to
another port, uuder contract with the ves-
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 vs. Strauss Il 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. Fl. Brown and
Edward McCrady, sr., Esqs., for appellants;
Porter and. Conner for appellees.
James G.. and D. G. Marsh, appellees,. ys.
Schooner Grapeahot, and owners, appellants.
Same couasel.s
KsnapAux b Lanneau, appeilees, vs. Schoon-
er Grapeshot, and owners, appellants. G. D.
Bryan for appellees; A. d. Brown and Ed.
ward McCrady for appellants.
The Chief Justice affirmed the decree Of the
District Judge in tho above cases. Nothing
is clearer than that the owners OF vessel arc
bound by the action of the master who is ap-
pointed by them and represents them. Where
master obtains supplies for his ship, neces-
sary and proper for the vessel, whether in her
own or foreign port, the owners are liable,
and the remedy exists against the owners. If
the master undertakes to bind the owners in q
naLkar- Observation-Disclosures
owners would not be liable; but there was no
such complaint in these cases. The owners
were liable either jointly or severally, and pro-
ceedings against them could not be arrested
by showing that all the owners werenot 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 to make
settlement, the remedy must BIZ sought against
him.
G.. A. Perdicaris vs. Charleston Gas Light
Company. Bill in equity for relief. Memmiu-
ger Jervey for complainant; Porter & Con-
ner, Campbell and Ed. McCrady, sr., Esqs., for
The bill was read by Mr. McCrady, and the
argument pObIpOucu W tuis Aok uihe,, ~ ton
A. M.
Ex parte D. Il. Chamberlain. Petition for
admission to practice in the United States Cir
cut Courts for South Carolina. On motion Of
D. T. Corbin, Esq, it was ordered that James
Conner. R. s. Duryea and Heury Buis. be ap-
pointed to examine and report as to qualiica-
tions of applicant.
On the bankruptcy side of the court the fol-
lowing business was disposed Of:
In re jacob F. Witt, bankrupt. Appoint
meat o, Charles B. Glover as assignee ap-
proved by the Judge.
in re Adam G. zsigler, Truscilla G. Robin
son, s. D. lzlar, B. Livingston. Jeremiah Riley,
Howell Easterlin, Theodore Kohn, F. Damacio.
Petitions for final hearing. Izlar & Dibble
prootors for petitioners.
On motion Of klar & Dibble, 'torneys OF
petitioners, it was ordered that the final hear
ing for their respective petitions for discharge
be continued to the Sd day of June next.
REPORTERS CRUMs.-An old colored woman
was found, yesterday, at the corner ot Market
and Meeting streets, too sick tc move. She
was taken to the Guardhouse on cot, and
will be taken caro- Of