The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
COMMON PLEAS-THlAL TERm-paRT |.
Action Against the Owners of the James
Foster, Jr.

Action Against the Owners of the James
Foster, Jr.
Before Judge Joseph Fl. DAILY.
Wright u.s. harShaH.-This is one OF a series Of
actions brought by passengers OF the snip James
Foster, Jr.. from Liverpool to this city about two
years ago. 1t will be remembered that an investiga
ton took place before the Commissioners of Emigra-
ton aS the time and that the facts therein developed
we're spread in full before the readers Of the
HERALD. The plaintiff in this case claims
that, according to his contract with the
shipowners, the defendants, he was entitled
during the voyage to be served per day
with three quarts Of water. exclusive Of
wnter for cooking purposes, weekly allowance Of
three and q half pounds OF bread net inferior in
quality to navy biscuit: one pound Of wheaton -four,
ono and q half pound Of Oat meal, one and half
pound OF rice, one and half pound Of peas two
pounds potatoes, one and quarter pound Of beef,
one pound pork. two ounces tea one pound sugar,
two ounces salt, half pound mustard half ounce
black or ground pepper and one gill vinegar, with
provision that at the option of the master Of the
snip nall pound oil preserved potatoes might be SUBJ
stitued for two pounds OF potatoes, or three and
half ounces Of cocoa coffee for two ounces Of tea
Instead OF receiving these stipulated articles and IN
the quantity named, the plaintiff charges that the
meat served out to him was not weight, but cut in
small pieces by the carpenter with axe: that but
three times during the voyage was mustard, salt or
pepper served OUT that the water was bracklsh and
unit for use; that the food generally unfit for
use, and IN Quantity less than required by the
tract; that the cooking accommodations were insult
1cient consisting OF but one small range; that the
medical attendance was inefficient, the surgeon
being arunkard and tyrant and III the habit Of
administering to the passengers castor oil for all
ailments OF which they complained; that their
surgeon, in the presence OF the captain, made use
damn" II all the passengers died, he would get as
much FOR FOL them dead as living; that ship fever
plantIrf while sick in his bunk, was pulled out by
the surgeon and compelled to go on deck to work;
that for two weeks he was compelled to subsst on
raw green peas, owing to the nsufciecy OF cooking
accommodations; that when he landed III this city
he was compelled to go to hospital where ne re.
NAMED eight weeks, ana that Ii was four months
before he fully recovered For this sickness injuries
and hartlshps sustained as he alleges through the
fault OF defendants, plaintiff now seeks to recover
The defendants deny generally all the allegations
OF plaintiff, and claim that there abundant pro-
to all the requirements Of The law. They further
claim that the voyage was unusually long and
stormy and that the passengers suffered no incon-
venlence or hardship except those Incident to such
q voyage, and shared In common with the efflcers
ana hands OF me snip, and that II any cruelty or
wrong was practlsed by the officers ii was without
the authority of the defendants and for which they
are not responsible.
The PLAINTIFF was examined, and so far as his ties.
tfmony went IT tended to sustain the allegations OF
the complaint
The case Is still on.
A Heavy Gotten Transnction-Large DAM
ages Against the New York Warehouse aud
Security Company.
Gardner G CO. us Rotoe ct dl.-Tns action, the
facts Of which published In the HERALD at the
commencement OF the trial. was yesterday con-
cuded by verdict in favor Of plaintiffs The. action
was to the value OF 81 bales of cotton sold
to Blddle & Co. for cash, and, without payment
pledged to defendants, the New York Warehouse
and Security Company, for an alleged advance of
$4,000 PLAINTIFFS claimed that the sale to Bid
die Co.. WAS incomplete until payment by
Inv hAfn INFO
having been Immediately paid back to them by
Blddle Co., IN payment Of pre- existing adj
vances.
After lengthy trial Of seven days, and argu.
ment by William NJ Evarts for defendants and
gave the case to the jury in lucid charge, and
after brief elaboration o verdict was returned
Tor plaintiffs for the full price with interest amount
ing to over $50 900.
inc Court granted plaintiffs an ex ira allowance Of
$1,000,