The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-06
ua!TsD STATES pIsTalCT CGvaT.
Another Eecisiou in hdmiralty.
Before Judge Benedict,


Before Judge Benedict.
Charles Kalb1eisch &C., rs. The Bars Enc, de-
Two actions.
One OF these actions Is brought by the owners OF
the British bark Ethel against cargo of that YES
sci to upwards OF $1,000 oil freight claimed
to be due upon charter party.
The other is brought by tie ccnsi2nees OF the
same cargo against the bark to upwards OF
$4,000 for damages arising from short delivery and
deterioration In That cargo. The charter party was
executed at Valparaiso February %, 1870, by the
agents CT the ship and Eainsworth & Co., OF that
place. Tie bark was then on way to the port OF
Caldera, laden with cargo deliverable there
Among other things the charter party provides
that the said vessel, being eight, staneh and strong
well and sufficiently manned, stored and vlcualled,
and In every respect fit to perform The voyage
shall, after discharEng her present inward cargo
at the port OF Cadcla, proceed TO the ports OF
Iriqupi AMI Junii, ana take in full and complete
cargo OF nitrate OF soda IN bags" she was then TO
proceed with al! convenient speed to New Yoik.
lie chartereis agreed to pay for the freight on It's
delivery IN New YORK forty-hve shiilingS per ION.
At the time OF tie execution OF this onarter party
the ship had crew OF twelve men, but when she
LETT Cadera she had only nine, Two OF whom de-
serted at iunin, and , me m nisn unable 10
ceeded TO Valparaiso TO iii mp his crew,
which he Effected: sailing the, thence for New
compelling the jctlson OF portion OF the cargo and
return 10 Valparaiso for repairs. These completed
SIe again set san lOI New 10TH, DHl the crew soon
after mutiaicd and forced the master TO return TO
Valparaiso, where another crew was shipped and
another master put on board, under Whose com.
mand the vessel finally reached New York ana de.
liyered the remaining portion oil her cargo.
Upon this state ot facts the owners o.. the vessel
claim 20 be entitled TO recover the amount OF freight
due Tor The cargo delivered for general average
contribution toward the expenses caused by The dis
asters which eDsued after leaving Valparaiso. On
the otter hand the Consignees OF the cargo deny any
liability for freight general average, ana claim 10
recover OF the vessel all the damages aud loss s,s-
tanned by The cargo after IT'S leaving the port OF
Junin upon the ground that the vessel unlawfuly
dcyiated nom the voJ age as PROVIDED IN The con-
tract by gong 10 Valparaiso
Judge Benedict yesterday rendered lengthy de-
csion ID the case on the facts above related, con-
Guiding IN the following words:-"My conclusion,
therefore, IL that the circumstances proved in TINS
case 30 not according TO the maritime law. afford
Justification l0r tile failure TO make The voyage
uacled for and that the consignees OF the cargo are
entitled 10 recover OF The bark all the loss ana dam
ages TO the cargo after the vessel sailed from Junin.
Tney cannot, however, spit Up their demand Tor
damages, and apply rait 0 u 10 Offset The ships
demand for the freight, but must suffer recovery
OF the freight In The action brought by the owners
OF the barE.u The Water Witch, l Black. a de-
cree viii accordingly be entered IN the first named
action Tor the amount OF such damages WIN an
order of reference 10 ascertain the amount. And in
the acton OF the ship owner, u decree VIII be en-
tered for the amount ol the lrcl H. according 10 the
chatter party, with u ike order Of reference.