The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-02-07
RIVER NEws,-The river was still

RIVER NEws.-The river was still
swelling here yesterday, the marks
showing over twenty-six feet last even
ing. The ice is running out rapidly
and will, we think, offer no barrier TO
the resumption of navigation this
morning.
We heard at dark last night that the
watea had commenced falling.
The dispatches from Pittsburgh are
so mixed that it is hard to tell what is
the true stage Of water there. Dis
patches received at a late hour We'd
day night gave the depth as eighteen
feet and rising, while dispatches dated
nine o'clock yesterday morning fix it at
fifteen feet and falling. Somebody not
entirely disconnected with the telegraph
office in the Smoky City has been on a
spree.
The Express, Captain Phil. An
schultz, will leave for Parkersburgh at
half past 10 o'clock this morning
Those who want to make pleasant
trip on the Queen of packets, should
take the Express. Ed. Anschutz pre-.
sides as clerk in high toned and Dig
nifed manner.
The r. R. Hudson, Captain William
List, is announced to leave for Cincin-
natl on Saturday evening at three
o'clock The great popularity OF both
boat and officers renders it unnecessary
for us to do more than announce the
day and hour Of her departure. Our
friend Carlev List is in command Of
the office. Passengers will find him
affable, obliging and agreeable.
The Carrie Brooks lie expected to ar
rive from Pittsburgh this morning.
We have not learned the hour of her
departure, but suppose she will get
away tomorrow morning at seven
o'clock, that being her regular day and
hour
1t is expected that the coal fleet now
at Pittsburgh will start out tomorrow.
The prospect for large and successful
run Of coal is good, and its arrival at
points below will be hailed with exceed
ing great joy.
THE trial OF the important suit be-
tween the Wheeling and Parkersburg
Transportation Company and the Bal
timore and Ohio Railroad Company, for
the recovery of the value Of the steam
er Rebecca, lost on the night OF Deem
her !, 1869, by striking a barge at
tached to Pier No. 3 of the railway
bridge at Parkersburg, while attempt
ing to pass between Piers . and 3,which
suit has been in progress for eleven days
in the Superior Court Of Cincinnati,
terminated on Wednesday last, in a
verdict of Sl3, 400 damages for the own
ers Of the boat Judge O,Connor laid
down the following rules tor the gov
eminent OF the jury:
|. The Ohio river is a public high
way, and although the defendant was
constructing the piers and bridge at
Parkersburg by virtue OF an act Of
Congress, it had no authority to cause a
greater obstruction to the free naviga-
ton OF the river than was reasonably
necessary to prosecute its work; and in
so obstructng the river it was houni
to exercise ordinary care not unneces-
sariv to irj ure Others.
>. If in the prosecution Of the work
it became necessary or convenient for
| the defendant to moor one OF its barges
during the night to one OF said piers, 1t
was not on that account alone relieved
from the duty Of placing a light or
other signal thereon, to warn others OF
the barge being moored in navigable
part OF the river.
3. The defendant had no authority by
the use OF the red or white lights, or
otherwise to appropriate to itself the
exclusive use OF any navgable part OF
the river, further than was reasonably
necessary in the prosecution of its
work, and with the exceptions already
stated, it had no authority 10y the
use of the red lights to direct or com
pei any one at his peril to use no other
Part Of the navigsble river than the
art embraced between these two lights
I. That where al a given stage Of
water the river ls safely navlga6le be.
tween any of said piers the general Gus
tom OF prudent pilots to pass between
certain OF said piers only does not con-
,;itute an obligatory rule for others, as
in such case the custom is a matter OF
choice or convenience only and not
matter or prudence or necessity; and it
is for the jury to say whether such Gus
ton at such time would reasonably
warrant the inference that there was
no probability that other navisable
parts of the river than the customary
par; would be used.
REAL Irish home made Towelling,
good and cheap, at J. S. Rhodes "
COS.