The daily gazette., 1874-12-05
SECOND EDITION
Court .PrOceedings.

THE CANAL COLLISION OAsK--MR. WHITE
LEY's ADDRESS FOR THE PLAINTIFFs-HIs
LINE OF ARGUMENT-MR., PEPPER SUMS
UP THE EVIDENCE FOR THE DEFENCE
Specially Reported for the Gaselte.
New CASTLE, Dec. 4, 1874.
Cour. met this morning at the usual
hour. Judges Wootten and Houston on the |
bench.
The case of E. Jeffsris us. Brady & Co.
Action for damages to the sioop "Helen" BY
collision with tue barge "C. A. Dornfeld,"
while being towed by The tug "Swalow" in
the Chesapeake and Delaware Canal, was
continued, The whole of the morning was
occupied in taking testimony for the de-
fence. The intention Of the defendants is
to show that they are guilty OF no negli-
gence or that If they were, there was contri-
butory negligence on the part OF the plain
titfs and hence they could not recover. The
defence closed at P. NJ, when the court
to,k recess until q o'clock.
AFTERNOON SESSION.
Court re. assembled at the appointed hour
when MIR. Wh:teiey commenced his opening
argument. Turning TO the court he ad-
dressed them upon the law question arising
| In the case. He quoted Story on agency
&C authority for the general proposition that
il the master OF n ship runs down another
vessel negligently the owner of the ship is
liable for damages. He then announced
and argued elaborately the following pIopo-
sitions:
| /. Where q ship flowed is under the di
recton and control OF u tug, the tug Is liable
for collision.
Q. That barges or tows IN canals are
always under the control and direction OF
the tug
3. That ifa ting with tow approaching
a vessel towed by muiea, stops her head way
land puts her tow into confusion and cauoes
Ia collision thereby, the tug is responsible.
4. That 1t is the duty OF captain OF
tug having tow in the canal, to see that
each barge of his tow is s.eered and il col.
lislon hsppt ms (two barges not having been
steered) by any one OF the unsteered bargea
co!idlng with sloop or vessel, the tag is
liable.
Q. That if CAPTAIN Robinson put the
"Helen" ashore when he saw the barges
yawing he did all he was obliged to do, both
!. under the rules of the canal and under the
: demands of prudence aud care, he having
The right of the channel or way under tht
: rules Of the canal.
II G. That II 1t is the custom or duty for
mule tows to tie up when they see tug
! with TOW approaching and the captain O
the tug secs that the mule tow has not don'
so, II is the duty of the captain OF the tug t
stop before lie gets to the vessel.
z. That Captain Robinson did all hi
duty required when he threw of his line
steered his vessel past the tug and barges
and 2, and then grounded her.
8. That Captain Robinson was under N
l obligation tie up, even if he saw the barge
J. yawing at tile distance the tow was oil, pro
/ vided be was in his right place; that it wa
j. the tugs duty to straighten up the barges
either by putting on speed or going to lee
ward and thereby taking the tug and Its toy
. out OF the "Helen's" way.
q 0. That where vessel is at a wharf O
II aground in channel where she Is lawful.
In case Of a collision with or by tug or it
|. tow. the tug is responsible.
10. That the law requires that II vessel
,, are In the way of tug or from othe
causes navigation is dangerous, the tn
with its tow is bound to proceed with gref
caution.
At IL. That the law requires from necessit'
u in q canal where tow is made up Of boa
J. belonging to different owners and separated
10 commanded, that the tug mnst have contr
vt OF the tow.
's. 12. That the privilege or monopoly {
4. 4. towing, as in the case of the defendant
y. makes the tug liable, because the barges 81
nj obliged TO take the defendants power {
a tow themselves, and that being SO the tug
be bound to tow safely both to the barg
towed and to approaching vessels.
Mr.. Whiteley at the conclusion of his al
- dress to the court, turned to the jury ar
gave rapid resume Of the evidence for Il
plaintiff and was followed by Henry Peppe
- Esq who reviewed the evidence for the d
fence.
At 6r. NJ, court adjourned until 10
NJ. Tomorrow,