New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-10-24
Court yesterday. that he guilty. and was held
IN - 900 bail for trial.
TREATMENT IN THE CUNARD sTEERAGE.

TREATMENT IN THE CCNARD SlEtkA"h.
VERDICT AGAINST TnE COMPANY FOR $2'ooo DAM
AGES TO A PASSENGER GREAT NEGIlG -NCE
SHOWN
The British and North American ROYAL Mail
Steam Packet Company. commonly known rs the
Cunard Line, was sued before Chief Justice 'Ui'iS'
IN the Superior Court. yesterday. by Mis- Margaret
Smith for So. 600 damages winch she claimed 10
have received as a passenger from LiVerp"ol 10
Ncw-Y0rk. on the cOmpany's vessel, Algeria, IN sep
TENDER, 1877. Mrs. Smith, IN her complaint AZ
legged that the berth that was above hers on the YES
sci was un.ecurelv fastened; that on the niHnt OF
september -, 1877, the upper berth became zoos
en.d fell Iinou her. and threw her from her berth,
"by reason whereof the plaintiff was bruised,
wounded and Injured, and was cast helpless and
fainting upon the deck or floor of the steamship.
where. by the rolling of the ship, she was thrown
about from side TO side of the room and against the
sides and furniture thereof and where in her help
less and faiuting condition. size was left
by the defendant and the defendants officers
without covering OF protection in tho wet
and filth for more than an hour" The
plaintiff claimed that she sustained lnJnr-
les for life. some OF serious character. The
defendant company drnien the insecurity, Oh ihe
berth fastenmgs; claimed that the accident Qc-
Cured during a heavy storm, and Wa- caused ny
the perls of the sea rather than lis negligence, and
that whatever injuries MTe clllih IttrlNtu NVi'
due to hey ggcncc In not securing hcf-cl III inc
berth auG to her old age and natural inirmItlcs.
Some of the testimony for the pla,niiii, ana es-
prcialy her own evidence with regard 20 the treat
ment al passengers aud conduct of officers, was IN
iereStIng. The evidence was mat theIe were ten
feet only of space from one buikhead I" anotu1''
between which were the two ilers of IcrthS. In
each tier were FIVE berths. that each passenger
had a berth less than two feet IN width. NIT:
Smlth said thar she occupied Oerih az one emu Oh
a tier. The bottom of the berth above al The TINE
of the accident fell upon her with some force. She
became fr ghened ana all the women Inc auJO u
iug bert rs began To scream. with the idea that tie
vrss, WIS sinking The steward Mrs. Smith testified,
came at last TO her assistance cXtucated her from
her POSITION helped her in a tanning condition INTO
the Stceragc dining room and there left her j. all
dazcd she fell helpless on the wet and iiiuy il'or
aud was unable to hold lcrself III any one place.
With each roll of the vessel she was tossed from one
side 70 the other, strlk NJ "a lst furniture anu Tue
sides of the room. When taken up II last an hour
aftcrward she said she was III sadly bruised con-
dition. While lying helpless from h'r injuries she
asked that "a plaster should te cent To relieve the
sent turpentiue ard water, and Mrs. Smith claimed
that the effects of the tnrpentine ana water greatly
increased her suhcr!ngs aud injuries. Mrs. smith,
who was IA woman about SiAiy-hyc years ot age,
with pleasant features. was .skcd 10y Nj. Lord,
counsel for the company, f she lid not think tho
sending of the tnIpentinc aud water showed dis
position t. assist and help her. MIS-. Smiths
answer was that she thought II a most unnecessary
cruelty .
judge Curtis. In charging the Jury. said that if
they found that the plaintiff was 20 paiaiyz"d ~
fear when The upper her,h lell th1t she Was uha"lc
10 take care of herself or If tho falling was caused
bv tie negligence OF the defendant Ia provide SUIT
abb accommodating or If the injuries were caused
by The negligence of the steward Ia leaving her sti
paralyzed with fear IN the dInIng-IoOm. then they
would give "A verdict for the plaintiff They would
iiud for the defendant il there was no negligence
bV the defendants III any OF these particulars. II
was the duty of the defendants TO use the Greatest
skill ~ providing safely for passengers. The COM
sci John +. Graz Tor the plaintiff ana Lord. Day *
Lord for the dcicHdaut Stipulated that # :hc ldry
f.lIl t for HGIUlEt
- 900. The jury found for the plantih.