Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-04-30

packet, the Fairy Queen, continues. her
semi-weekly trips from Jscksonport TO
Pocahontas.
The splendid U. s.. mail packet r. P.
Walt, with Captain John Woodburn on
the roof, leaves to-day for all landings on
White river and connecting with the
train for Little Rock. w. T. Butler, a
competent and popular gentleman, takes
charge Of the Office, and is assisted by
Alex. Waddell.
Hambleton, Collier & Co, of the Mound
City Ways, are now laying the timbers
for q Of the largest and s~taunchest
barges that ever greeted the eye of a boat
man in the West. 1t is 2I5 feet long, has
40 feet beam and 81 feet hold. The tim
Der is white oak from Southern Illinois.
The barge is for the Memphis and st.
Louis Transfer Company.
The following synopsis of an important
supreme Court decision on the liability OF
steamboat owners, we take from the st.
Louis Republican. The cause in ques-
ton was that of the La Crosse and Minne-
sofa Steam Packet Company, claimant
and respondent, and Lewis J. Highly and
and David Ferguson, stipulators of said
claimant, appellants VS.. the Home In
surance Company, and was an appeal
from h United States Circuit Court for
the district Of Wisconsin. Mr.. Justice
Miller delivered the opinion OF the Court.
We give a brief digest.
STATEMENT OF THE CAUSE.
The owners of the steamboat Keokuk
undertook to carry for John Robson, il
their barge Pat Brady, five thousand
bushels of wheat from Hastings, in Min
nesota, to La Crosse, in Wisconsin, and
safely deliver the same, the unavoidable
dangers Of the river and fire only except
ed. On the voyage the barge was sunk
and the wheat damaged, and the Home
Insurance Company, which had given a
policy on b wheat and paid it, brought
this suit to recover the loss.
THE III To BE DECIDED.
AS the decision of the casa turns, in our
view, upon the fitness Oft barge for the
purpose of the voyage, or, in the Ian
guage Of the admiralty, on its seawOrthi-
ness, a question which, as applicable to
the peculiar condition of this navigation,
is before US for the first time, we propose
TO examine into some of the principles ON
which that question must be decided.
EXAMINING THE PRINCIPLE INVOLVED.
For many years the grain which was
transported by steamboats, on the west
ern rivers was first put in sacks, and
hen placed IN the hold of the vessel, or,
if that was filed, WAS laid around on the
decks. But as this in the GER
eals increased in Importance, including
as it does, the wheat, corn, rye, oats, bar
ley, etc, of that immense agricultural
region, il became a necessity To have the
freight as cheap as possible.
The railroads, which had become active
competitors for this carrying trade, did
not use sacks, but placed the grain in
bulk in cars adapted to the purpose.
The Introduction of this mode of load
ing n carrying grain by the railroads,
and the competition which they presented
to river transportation, introduced in the
latter the use of barges, in which grain
was carried in bulk, without sacks, and
loaded from elevators, as was done by the
railroads.
This mode,Ofriver transportation, which
is often auxiliary to the railroads, has
superseded almost entirely the old mode
of carrying by sacks in the hold of the
vessel.
THE TAI QUESTION,
The question hat arises in the case be-
fore us has reference to the extent of The
dry or obligation, which the law imposes
2 pom the owners of such a steamboat il
1egard to condition of the barge in which
grain is so carried in bulk, as to sea-wor
thiness or itness to perform the voyage
which her owners had undertaken, that
she should perform safely, with the ex-
ceptiOn of the unavoidable dangers of the
river and of fire.
DUTY OF THE CARRIER.
This duty is one which must obviously
belong exclusively to the carrier. Hecan
and must know, at his own peril, the con-
dition of the barge in which he proposes
to carry the goods of other people. While
the owner of the cargo is under no Obli-
CATION to lOOk after this matter, and has
no means of obtaining any sure infOrma-
tion if ne should attempt it.