The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-13
A SUIT IN ADMIRALTY.
THE OWNERS OF THE BRIG CARRIE wINsLow
AND OF HER CARGO LIBEL THE SHIP BRITISH

THE OWNERS OF THE BRIG CARRIE wINsLow
AND OF HER CARGO LIBEL THE SHIP BRITISH
AMERICA FOR SINKING THE FORMER.
As was anticipated the owners Of the cargo of the
brig Carrie wnsow and also the crew yesterday filed
a libel against the ship British America for sinking
their vessel and damaging its cargo IN the collision OF
Sandy Hook last Monday morning. The case will be
tried In the Admiralty Court Brooklyn, 4. d. before
Judge Benedict Bonds or security will be given.
and the British America will then be discharged,
after which the question of damages will up
the regular calendar.
The tugboat KelIof proceeded to tle scene of the
disaster early yesterday morning. The place was
easily found, for the mainmast OF the Carrie Wnslow
was sticking up out OF the water. The vessel was
grappled and raised TO the surface preparatory to
tightening her OF the cargo and towing her inside
the Hook into low water. In the afternoon
a lighter brought alongside and began
to take off the cargo. The Carrie wnslow
was owned by Jacob winslow, OF Portland,
No., and worth about $25, 0O0 II Is understood
she was not insured. Tue cargo consisted OF 81, 283
which was almost entirely covered by insurance IN
several Philadelphia companies, the British aud For
New York and some OF tho companies represented by
the agency Of johnson Higgins No. 81 Wall street.
The hides will prove total loss, as salt water utterly
THE LIBEL PROCEEDINGS
In the present the British America only is
libelled. She camo ballast. The libel acts as an
attachment against the vessel. and she cannot be
moved until bonds are given Tor twice her value Mr.
W. W. Goodrich Of No. 90 Wall street, appears for
tho parties damaged by the collision, and Messrs.
scudder and Carter, OF NO % Wall street,
for the d'ionSans The rr 9"ss Miller made aas
others VS. the ship British America The
plaintiffs include Messrs Miller Houghton, Of No.
the owners the cargo and the officers and crew OF
the vessel Tor the effects which they have lost The
claim on the part OF the owners and consignces
amounts to s225 oOO and the part of the crew to
900 The taking OF testimony In regard to the acct
dent will begin to-day at three O'Clock
The captain OF the British America says that he was
entirely bameisss In the matter as the brig crossed
the bow OF his vessel IN very careless manner.
When he saw their lights II was too late 10 avoid O
collision
Mr. Goodrich stated yesterday that by tho statute oil
1861 the damages which could be recovered IRON
vessel OF collision were limited TO tho OF
the vessel and cargo causing the damage In tho pres
ent case the damages cla med by the owners Of the
brig and cargo being largely In excess Of the vauc OF
the British America and cargo, Mr. Goodrich viii take
proceedings to have the amount OF tho libel limited
that value under tho act above referred TO. This will
be done not admitting that the libel will hold good,
but merely as precautionary measure
The main allegations Of the libel filed by the brig
| as iolows.-
That the brig Carrie winsow. laden with a cargo OF
ococs on the morninE ct Monday February IL before
New Jersey shore close hauled with the lights the
captain and all hands deck and the lookout properly
port bow, which proved to be the ship British America
The light nuing IN sight bearing upon the port
bow Of the Winslow while still considerable
they flashed torchlight from the bow British
America OF their situation the latter continuing
approach without cnanRe OF When close the
Winsow the lattsrs wheel hard down. order
render the approaching collision less disastrous The
British America, Keeping her course struck the Wins
low her SIDE damaging the brig
that she sank within short time the captain aud steward
being drowned and all the cargo wholly lost.
The libelIers further alegc the following o
the collision That was The result OF the carelcs
| ness and improper navigation OF tho ship British
America, In that sue dad not keep out OF the way
The brig, had no lookout and was dcicny
| and inefnciently navigatod.