The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-19
THE COURTS.
important Decisions in Suits
in Admiralty.
PROTECTING FERRYBOATS.
Making Free with Young Womans
Affections and Money


sion occurred between the steamboat d. r. Martin
and the Hoboken ferryboat Monachie of Christopher
street North River. libel suit was the result
between the Hoboken Ferry Company and John H.
Starn, owners of the steamboats, The case was de-
cided yesterday by decree in favor OF the ferry
company on both issues. very important ques-
ton involved which the decision in this case
at rest for the futurethe liabilities OF steam
ship owners navigating the North River and OF ferry
boat companies plying between the opposite shores
The following is Judge Benedict's decision: 1.-THE
evidence given by the wheelman of the D. II. Mar
tn-who was ut the time Of the collision at the
wheel with the pilot-caled a witness by the own
ers of the d. r. Martin, is decisive of the contro-
versy at issue. 1t appears from his testimony
that the d. r. Martin in her down trip and when
bound for her landing at the end of the pier
at the foot of Leroy street in the North River,
felt obliged by reason of vessel approaching from
below to sheer in close to the pier While the d. r.
Martin was proceeding at her usual full speed and
approaching the Hoboken ferry. which is just above
Leroy street, the Hoboken ferryboat Monachie
observed by the pilot to be moving out of her slip
her way to her slip at Hoboken. Immediately on
seeing the ferryboa at the mouth Of the slip the
CINE of the d. II. Martin reversed with all posi-
BILE speed the danger bell being given to the engineer
to insure the greatest activity his part notwith-
boat, doing the damage complained of. 1t appears
that at this time the Martin had been steamng
toward the Hoboken ferry close by the piers that it
was impossible for her after the ferryboat came in
sight moving out of her slip to stop her head
way before reaching the ferry slip. The
slip situated that 1t is impossible for any
on board the ferryboat to a vessel coming down
the river until she In close at the mouth of the Slip
and equally impossible for boat approaching from
above to see ferryboat moving out until she ap
pears at the mouth Of the slip. This condition Of
ne sli Id. X.
Martin. who also knew there ferryboat in the
slip about to come out. the latter fact being indi-
Gated by the presence of the inbound ferryboat in
full view waiting for the Monachie to come out.
Under these circumstances it was q negligence on
and approaching the ferry slip to be going at rate
of speed that rendered it impossible for her to stop
negligence to propel her at such a rate Of speed
to render it impossible for her to stop in
time to avoid collding with ferryboat in case one
should come out at that time lower rate of speed
would have enabled her to make her landing with
out risk of collision. and no necessity existed war
rantng the rate of speed at which she was running.
On the other hand the evidence shows that the cry
boat passing ont Of the clip at the loYest rate Of
speed possible. 1t is claimed that the ferryboat
in fault for reversing her engines and endeavoring
to get back into the slip. instead OF going
was mistake the part of the pilot OF the ferry
boat it was not fault which renders the ferryboat
liable, because 1t was caused by the danger created
by the close approach Of the Martin at high and
improper rate OF speed. There must be a decree in
favor OF the ibeants in the first case. with order
In the second case, the libel must be dismissed,
with costs" Messrs. Albeit and Fuller appeared for
the Hoboken Ferry Company, and Mr.. p. Cantine for
the owners of the ID. II. Martin.
Judge Choate in the United States District Court
rendered u decision yesterday in the suit In Admit
rally of Charles Stearns and others. against the
steam tug F. A. Packer and the barge John Nelson.
This is suit TO recover damages caused by COL
lision between the schooner n r. Hall and the barge
John Nelson. the evening of September "a. 1873
The schooner arrived the afternoon of September
20. from Maine, with about four hundred tons
of paving stones, and anchored of the foot
of Thrtieth street to await her turn to
discharge. The next evening the tug 4. A. Parker.
having the barge in tow came up the river, ana
when the schooner the tow line dropped,
the captain of the tug intending to go alongside the
was being carried into effect and while of the
crew engaged in making the lines fast, the
barge struck the schooner and she Immediately
Judge Choate holds that the collision due
the negligence of those both the tug and the
barge, and orders decree for the lbeliants against
both.
A decision was rendered yesterday by Judge Choate
in the United States District Court in the suit in
admiralty of the Consolidated Coal Company of
Maryland against the steamship Secret belonging
to British corporation. In December. 1878. the
steamship was chartered by Messrs. Murray, Ferris
n Co., OF this city, to run on their line between
Jacksonville, Fla, aud Nassau, N. p, who ordered
for her $50 of coal of the belsnts Before the
coal paid for Murray, Ferris X 90. went into
bankruptcy and the coal company then libeed the
steamship to its value. On the trial it
shown by the company's books that the coal was
charged to the account of Murray, Ferris Co.. and
there was no evidence that 1t had been sold on the
credit of the steamship. Upon these grounds Judge
Choate dismissed the libel, with costs.