New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-08-10
INVITED STATES SUPREME COURT.

Warrington. Aug 9-Thc following is the de-
eiion or a t Woc Moher heT boats ~c Tile North western
Union Packet Company claimant ana Iey,on ~, ~"
and Jof 1Gsnr5 "a s@sRS 5ny Of NV peal from
n Davis dST cliV5rs the opuio The appe
M Of te esgn OF T Xs ' Mds ON ON the
. May 1860 at Menot n the ne SS h essr N.Y. S IN
barge was by collision with bridge pier Just a'oye
the insurance company paid ana MED s libel - tho D-tr,
n insisted that occurred through peril Of ma ga
ton Of the exceptions coaiaasi N Inc "i OF
adinc and That, Therefore me carr vas ' u T
livery Of the wheat Both The lower courts he.f iha
an nli that the officers Of tie steamer were guilty
o. ,r ~ TIE bridge in The state o tie
The burden proof GA the carrier iId 20 ls s.ort 81
be per.ncG discharge HIM from dnues which me
Law has anesed to MS eHpoyn h wa M Sa m h ns ti
% 10y The respondent ie H. liant having called
irosh a sadden zpccte, gust Of gnd %heh o,T
piers that she is ere'ore not a1fTer maS
for the ,Sn I boat G' would Sa"e safely made
the passage if the Wind had not drvp tr agss The PIER
the rassage should been undertake. AZ a ~ the gen ia
een Of the Tsaht m on on ta' ga AID Soa o I'D
take the chances 4 venture when common pI1de'cr ,
that The particular peril wich finally o. cram hl W. o
for goods lost tempest has no Al aton +" such
IA unacuale the weather vas boserous aaTns re
AFTERNOON a ne Jay 2r w. r m, n,1 Of Inc ,nT.ota
river on account OF the wind After r'ina9"h sue w u
acclIhg 20 mar dscrerancy IN the nony
so,ne oiicers asio The condition Of the
bo, left Menota The there was ~ wiuc 70
MoAier While says the wind rose -"'n at-r 10
Msn %,v LEFT Gown nen a1cy 9 aso SssrS ' Q lie &
where tie Julia met The ua ~ % vas hpl ,ole
be Instance at one half mica Both had equal oorn
ne. q nang ard there II . 4SiSn ed The e Zen - OK
the RESI- ondents have no right 70 ask the Court 70 pre-, me
N the record to SHOW more Liable than
The 9 i. a hInrt hat wsatrr had not
the direction wind changed ana na The boat si'nld
landed At some proper point before the reIs vere
Sa moderated, and that to officers boa;
thought hsy e ,D set r o "n law sas vse kr
to ar any moment an! II bad selmansp being Gre
Srp IL is diicnt at ali iines passaga these
e s.nh WHEN was the case that day. Aud this difficulty
u night ne ana when the eure- by feaion
Any prudent ccer Toad have stOpped until TIE weather
Of the Up question 20 have done So AMI falling y
hs duty he e az & case SH were ere for not
only the property in his charge s,roy"d BAT
na the Western waters must be he'd L,c ful
1i S " az acr 6rin Thes bridges snor; by pr@
Necessity the dangers OF nayigai:on ana iye m%
interest commerce. TO regard the a. Instructions to
and pPG i on rem e rere is no fonn
This ,.n Sset Instead he Tho PrsTeg'
RI. Changed condition the country produced b. build
ing Of ST s' Sn e.e b IA s'i 70 MS
mpements in The way q but ITss ar .ga
ishng the objects for which they created
Ss Il # the and es !. wei Iisf a. '0aS
sT OF al Of shsafs% conform y
commerce finley and railroad bridges
e M and T aa fS where 81 are
with the courts country, proper case remind
Court Is adnmcd.