The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-27
U. 8. CIRCUIT COURT T--CHYEF.JUSTICE
q. p. CHASE, PRESIDING.


presiding.
at tho opening OF the court the Chief Justice
delivered the following opinion:
CIRCUIT COURT OF THE UNITED STATES. DISTRICT
OF SOUTH cAnoLINA-RICHARD ARNOLD vs..
STEAMSHIP MONEKA-IN ADMIRALTY-APPEAI.
FROM DISTRICT COURT.
The libel in this case claims COMPENSATION
ibellant at New York for Charleston in the
steamship MOneka.
II the responsibility Of the vessel is to be de-
termlned by the general law OF common carriers.
it is IT questioned that the hbellant is entitl-
ed to decree.
But it is claimed that there was special
contract concerning the shipment of these
horses, which relieves the carrier from re-
sponsibility.
On the other hand, it ie denied that there
was Lny such special contract, and it is insist
ed il there was that the injuries we're caused
special contract did not and could not extend.
The proof OF special contract is not alto
gether satisfactory; but think the weight OF
evidence fairly warrants the conclusion that
there was one.
But the evidence does not show that the
shipper took on himself any thing more than the
risks which are incident to q voyage in q sea.
worthy ship, conducted with reasonable care
1t may be we'll doubted. indeed, whether the
policy of the law will permit the carrier to re-
lieve himself from risk, created by his own
OMISSION OF suitable PROVISION 1OT Cn9 voyage.
or by his negligence in the management Of the
Eminent and learned judges have condemned
any relaxation of the common law rule per-
mitting common carriers to limit their re-
sponslbiIity by stipulation, and though this
relaxation is how Well established it has never
been carried by the American courts to the ex-
tent Of allowing them to exonerate themselves
in this way from the consequences of their
misconduct or culpable neglect.
The true rule was stated by the Supreme
Court Of the United States in tho case Of the
York Company vs. tie Central Railroad. II is
in substance this "The responsibility intend.
ed by the common law can only be restricted
and qualified by express stipulation for the
restriction or qualification. But when such
stipulation is made, and it does not cover loss
recognized and enforced" The only question
in the present case, therefore, is whether or
not there was misconduct or negligence on the
part Of the officers of the steamer. This is a
question OF fact, and have carefully consider
ed it.
1t is not necessary to enter apon any minute
review of the testimony. 1t is enough to say
tn at the horses we're shipped on the 26Lh Of
December. Stalls were constructed for them
between decks at the expense Of the shipper
Alter the horses had been placed in the stalls,
and after the regular time OF starting, the
steamer continued to take in cargo till about
dark. This cargo seems to have been stored
between decks, and my mind cannot resist the
impression that it was carelessly slowed. Ger
Calnly IL became lOOS0, anu pOrClOub OK lu-
oludipg some kegs of nails. tumbled against
the stalls. A heavy piece of timber was also
left loose between decks. The stalls were
broken; one Of the horses was killed; another
so injured that he died as soon as he was land
ed, and the third also suffered serious injury.
It is q fair conclusion from the evidence that
these injuries were occasioned by the lnose
stick OF timber and the loose cargo. cannot
in % stowage age would have % prevented re- ] these inju-
ries. Nor can doubt that the omission to
exercise proper precaution must be imputed
as culpable negligence to the officers OF the
ship. / think therefore that the Lbel1ant is
entitled to decree, and as both parties have
declared themselves satisfied with the estimate
Of damage made by the District Judge, which
seems to me also perfectly just and fair, the
decree Of the District Court will be affirmed.
Elk parte D. Fl. Chamberlain. Petition for
admission to practice as an attorney. solicitor
and counsellor in the United States Court for
South Carolina. D. T. Corbin, Esq, proctor
| for petitioner.
The attorneys, Messrs. James Conner, r. s.
Duryea and Henry Buist, appointed to exam
inc the applicant, having reported favorably,
on motion Of d. T. Oorbin, Esq, the applican,
! was admitted, commissioned and sworn as at-
| torney ana counsellor of the Circuit and Dis.
| triot Courts OF the United States for South
Carolina.
On motion Of J. B. Campbell, Esq. it was or.
dered that Messrs. Samuel Lord, H. E. Young
and W. J. Gayer, Esqs., be appointed o commit
tee to examine and report as to the qualification
OF Messrs. G.. r. Walker and W. st. Julian Jer
vey, for admission to practice in the Courts O
the United States for South Carolina. and ais,
Of all other applicants who may Ale their peti
tions for admission on or before the 9th da!
of May, 1859.
The Chief Justice stated for the information
Of the members Of the bar that two cases In ad
miralty and two or more in equity were passed
over yesterday. After hearing the case hxed TO
the day, the court would return. take up tn
admiralty docket and the previous cases il
equity. after which the court would regularl
go through the docket.
The court then resumed the confederation 0
the case Of G.. A. Perdicarls VS.. Charleston Ga
Company. Bill in equity for relief.
Messrs. Memminger. W. D. Porter and 81. r
Young, Esqs.. were heard for oomplainants
and Messrs. j. B. Campbell and Edward Mo
Grady. Esqs., for respondents. Decision re
served. L @ &ss AZ r.,
The United States vs. sehooner GrspeshoS
her tackle, furniture, &c. Libel for forfeitur,
for violation Of revenue laws. D. T. Corbin
Esq, for plaintiff Messrs. Henry Buist and w
Z. Mkell, Esq, for defendant. Case continued
William NJ. Rowland. ct al, vs. 1haddeu
Kelly. Bill for foreclosure. Magrath & Lownde
for plaintiff. NJ. P. O'Connor and W. d. Porter
Esqs., for defendant. A. G. Magrath, Jr., Esq.
read the bill, and NJ. P. OConner, Esq, tn
answer. :"
At the conclusion OF Mr.. O'Connor'a argu
ment, the court adjourned to ten O'Clock thi
morning.
The following business was disposed OF o,
the bankruptcy side Of the court:
Iu re Lacon r. Tillman. Abner q. Teagu'
and T. G.. league, banIrupts. Petition TO
final discharge. Bacon proctor for petition
ers. Referred to O. G. jaeger, Registrar, t
hold third meeting Of creditors on Gath Q
| June, and anal hearing on 28th OF. June. !;