New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-07-20
UNITED STATES SUPREME COURT.
ri. 90 4. 1, n "A

y.
Nos pol 2O2-The COaSwse Company claimant OF the
Schoas Dc las CSsSs at The steamer Alabama DC, TIC
co%s;s 81 c S faGa s aad W rom the l
Court for the southern District Of New nc
both the Alabama and Game Cock were ~ ialt and
Sss i" ow of de Game Cock aud sinercd loss
fault On ths hniing arises the question OF whcn E 2
What shouli the damage Do aJudssa Tie Aiaaiia
came Cock tug bonded the stipulated value ii
s0VV ot l Ie I5 lefee aas5 663 ST he Whole re
Circuit Court appeal reversed this decree and led ne
half the amount Inc court adopted Tins division Of liability
IN obedience 10 TO- s'PoG New e. o. i; ,ss I
in the steamboat Aas both by The DistTio; and
n 10 Bateh fj9 Tie theory which updcres mis- decs
nl ose y one ow1 are 70 be regarded a. one vessel
t sane ship and her cargo ;nd mat the two e9noing
CARDS Aabaos aaectei by the fuit q Ne tug and Ih.
according 70 the Admiralty RUE n coll son casef
Wond seem to be est tia, the owner u should
,ae damage done thereto from those who caused ~
share he ought TO be able TO rsccy i from The ethGr e
SAFETY Of naylga'iIn Is9Ures tt@t u ulc sH.s ~ ''
s hf@ more careful Bgt e 'l owner Of G"a4e
cargo should have mis- remedy over AGAINST the other
sud Aa decree ought be made agsiust The Alabama aud
We Sse ooch, so Ier dSS,,Se s' -,ot"' SO Ty'
far the stipulated value Of SAID vessel shall extend and
value OF esr vessel or when the Teant shall be unable TO
collect other vessel
ulaOrs 10 the extent OF the stipulated value thereof beyond
the molety due from sad vessel Reversed. Mr. Justice
Bradley delivered The opinion.
No 7S-Chsrlcs Il. Tying and Lawrence Hopkins plaintiffs
IN error Moses u. Gnnc Ia 10 the Circuit Court
Tor tue Southern District OF Newly OkCcTtau
articles # tabular om intended 10 be used 70 allow the
passage through the Ct The products Of combustion,
Imported iEo the port Of Neei ok by the plaintiffs and the
record shows that The importers the 2l5 Of January 1870
due entry Of The importation and that they claimed that
the articles imported and described Ia the entry
Dues and that they subject only TO the import duty of
"a per pound and appears that the defendant the
Collector Of the port decided that the articles described In the
entry tubes and that they duuabe
such at cents pound nnr tie second section Of the
knsme6 Of Congress Duty collected according
the decision Of the Collector the plaintiffs appealed and the
The duty paid UnGer protest amounted 10 SI73 So
finally going Circuit Court OF United States
yEognent rendered for the defendant Circuit
Judge made special finding Of facts. Certain except
filed By plaintiffs and they sued the present
Of Two assigned by the plaintiffs. follows
o. That the court below erred IN deciding that the
efueles described IN the entry wrought iron
tubes viihin meaning Of the amendaiOry TaTn
Bet and that they subject tho duty imposed 80
cents per pound % Thai the Court becS erred IN refusing
y decide that the articles imported wrought hues
On these facts it's decided that the question Of the
1erc character OF the article imported Of fact and
hot construction AID that &c competent fO the COur 10
Nee IT, aJu1y having waived Also, that tho ptlil
hnahg OF acts by The Court proper substitute Tor te
special verdict o. jury aud cannot De review ed here Wit
AlfLed Mr. Justice Clifford delivered