The New York herald., 1879-08-07
THE COURTS.
Important Decisions in Admiralty
Appeal Gases.
INTERESTING RAILWAY LTrIGATIONS.
A Police Conundrum Awaiting Judicial
Determination
RESTING RAILWAY LTrIGATIONS.

Three decisions were rendered yesterday by CHIEF
Justice Waite In appeals in admiralty cases argued
before him in the United States Circuit Court. The
first is in the of Louis Mayer against the steam
boat Herald and the barge Artio On the evening Of
July 81. 1874. the steamboat Connecticut left New
York for Troy. having in tow twenty-five or more
canal boats and two bsrges Near Four Mile Point.
on the Hudson River. the steamer Herald was
met on her way to New York from Albany
with four canal boats and the barge Artio.
As the tows were passing each other the
Artio struck the bow of one OF tho barges in tow
of the Connecticut. which in turn struck the barge
Late EARLY. causing her to sink. Judge Waite
holds that the Artio at fault in not keeping in
the wake Of the Herald. and that this the sole
of the collision. decree for the bellans for
$1.610 is given against the Arrio.
The second decision is in the case Of William Il.
Davis and Others vs.. Charles H. Pendergast and
others. In September. 1866, the parties executed
charter party by which the ibellants chartered to
the respondents the bark Mary Il Louisa for
y voyage from New York to Rio Janeiro.
Brazil. By the provisions of the charter forty
ve running days should be allowed for loading and
discharging. and demurrage at the rate OF f9
per day il detained longer. provided such deten-
ton should happen through the fault Of the respond
the vessel detained thirteen days the stpu-
lated time Judge Waite. in his decision, says that
after careful consideration OF all the evidence he Is
clearly of the opinion that the detention beyond
the stipulated days was caused solely by the
default Of the respondents within the mean
ing OF the charter. and that o consequence
they liable for the stipulated demurrage and in
tefest from january ~. 1867. The charter money
and demurrage payable in lilo Janeiro As no
attempt has been made to show the legal rate of in
terest at that place he orders that it shall be calcu
lated at six cent per annum decree is ordered
for the ibelants for the legal value In dollars OF
Elf and accrued interest.
The other decision was in the case of Hibbard
Youngs. owner Of the canal boat Herbert Phillips,
against the steamtug Fidelity. belonging to the De-
partment Of Charities and Correction. The action
brought to recover damages for the loss Of the
canal boat by striking on rock near Backwells 9
Island when the Fidelity endeavoring to tow her
into safe position. A decree was entered in the
United States District Court against the tngboat,
and appeal taken In dismissing the ap-
peal Judge Waite holds that the Fidelity was
exempt from seizure on process issuing out OF q
Court OF Admiralty for claims against her because
she public property and in the government SER
vice. He says further that public vessel Is part Of
the sovereignty to which she belongs; that her
liability is merged in that Of the sovereign and that
under these circumstances redress must be sought
from the sovereign, and not from tho instrument he
uses in the exercise OF his legitimate functions.