The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-03-03
THE NEW ORLEANS BULLETIN, FRIDAY, MARCH 8 1876

by fire, and did not claim to recover more; that
the agreed value Of the vessel was SAC, OCO. and
il the Jury found. - for . total loss, OF Tor
partial loss without the boat being repaired, they
would estimate the damage with reference to this
value. The plaintiffs claim that the boat was
totally destroyed, leaving . wreck and salvage,
and that they wero entitled to recover under this
policy One-fOurteenth of the $14O, 900, after de-
Quoting all the value Of the wreck and after de-
Quoting the damage that was done to the vessel
by the collision.
The defendant claimed the boat WAS not
destroyed, but existed in specie. and was re-
paired by the plaintiffs, who exercised acts OF do
ninion and ownership over it. If the damage
was equivalent to more than one-half Of the
value OF the boat, or SIT 600. then the owners
might have abandoned her and thrown ali the
But the plaintiffs did nothing in law which
amounted to an abandonment. They presented
| claim for total loss, but the underwriters did
nothing in relation thereto except to deny all
liability. What was done thereafter did not
amount to an abandonment, but was equivalent
to license to plaintiffs to do whatever they saw
fit with the salvage or wreck. that it did not
increase the liability of the defendant. Ths case
was then submitted to the jury under these theo-
ries in the form of interrOgatives, to which they
| we're required to respond.
The first was whether the loss was an actual
loss-that IL, whether the boat was destroyed in
specie, with salvage-in which case the plaintiffs
would be entitled to recover the one-fourteenth
damage done by coils on and the net value of
| what was saved. The second question was,
| whether the case was one OF partial loss where
the boat, in fact, did exist in specie, and was
| used by the plaintiffs to construct another and
different boat. II they found afirmativey on
that proposition, and also found the boat was so
far injured by fire and collision that it would be
worth more to repair her than she would be
not bound to repair her, and had q right to con-
struct another and different boat, and in that
/ case would be entitled to recover their actual
damage by fire, whatever that was, without
deduction of one-third new for old The third
interrogatory was, did the boat exist in specie
after the collision and fire. and did the plaintiffs
repair her in other words, did they put her back
substantially in the position she was before the
| fire, and make her substantially the same boat
II they did that, the right OF recovery would be
limited to the repair bills, after dsducling the
cost of the damage done by the collision, less
one-third of new FIR CID, and the Globe lnsur-
ance Company would be liable to one-fourteentn.
The court would express no opinion on these
| facts, whether the boat did not exist in specie,
whether another and different boat was built,
| or whether the old boat was repaired.
| these were questions of fact for the jury, to
| be determined on the evidence. 1t was Tor them
| to say whether what was done was q repair in
which the old boat was produced substantially as
| she was before, or whether another boat was
built, the owners using what they could of the
old boat in so doing. To make it a repair job it
necessary
incurred or the same style of finishing as in the
case of the original boat, but that this individ-
ualty of the boat should be preserved. The
Jury retired at about II o'clock aud at 8 o'clo
in the ate noon returned verdict for the plain
tiffs for $11 SOC 16, of which 1881 20 was inter-
| est COn,ier-Journal 2Sth ut.
The Geo. Spangler from Bayou Teche, dropped
| in upon us Wednesday night, like summers
dream, only 8 days out on the round trip, which
ia one Of the shortest on record. Capt Abe
| 10 Jal,o a1 until nd hot
ter one never was in the trade, and that his
friends both here and in the Attakapas can de-
pend upon her remaining. She returns t0-mor-
row positively, and will go through to st. Martin
vile. Mr.. Frank Greig has charged OF the office.
| The Willie in place of The Kapldes, has laid
over to P. NJ. tomorrow, when she will leave
positively for Black River, Tensas and Macon. j..
B. Sullivan in command, j. l.. Robbins in the
| office.
The Glencoe from st. Louis, arrived yesterday
with good trip, and returns tomorrow. F. s..
Calhoon master, J. T. McCord clerk.
Vicksburg Herald, 1st
"The hull OF the burned steamer Mary Bell
has been made fast to the wharf and the wreck
ers are still busy trying to save as much Of the
cargo as possible. The cotton thus far recovered
is in very damaged condition, and most OF it is
hardly worth more than three or four dollars a
bale, but it is thought there is good deal in the
hull that will only be damaged by water The
agents of the New Orleans snd Memphis Board
of Underwriters arrived yesterday to look after
their interests in the cargo and wreck. None Of
the cotton on the boat was insured here. Thus
far very little baggage has been recovered and it
|! is not probable that much will be-"
The Era No. 10 not having ali of her ship
ments completed yesterday, overlaid until IL
this day, when she positively leaves for B9uf
| River through to Point Jefferson. Tom Taylor
master j. P. Mohr clerk.
The new and very fine passenger steamer
Golden Rule leaves for the Ohio to-day.
| Tho steamer Bart Able arrived last evening
from Coushatta, and had as cargo 533 bales cot
ton sacks seed cotton, 6 sacks cotton, 1888
sacks cotton seed, 9511 slaves and 10 bbls mo-
| lasses.
| [By Telegraph
| NATCHEz. March 1.-The Natchez left at IL p.
NJ last night; 300 bales cotton, 1000 sacks seed.
l.. RUMBLE " WENsEL.
BURAs, March Especial to the .Bu.letin).---
The Martha will leave for Port Eads Friday. I'd
! inst, at 10 A. NJ. Advertise excursion trip ac-
cordingy w. 8. BAssETT, Master.