The Portland daily press., 1885-08-26
SETTLED THE CASE.
The Alleged Misnanagement of
Schooner Satellite of Bath.

DluutlOIu, was tllSdScu ullucI Il SOf6IuLlcuI
contract in excayating and removing Gang
way Rocks, sunken ledge, opposite the
navy yard, and nearly in the middle of Pts
cataqua river, between Kittery and Ports
mouth There was 10 feet depth Of water
over the ledge at low water.
In order to carry on his submarine blasting
and diving, the contractor had a structure
located and moored upon the ledge, the same
being four long, heavy timbers, the lower
ends resting on the ledge, and the upper
parts projecting high up out of the water.
To these timbers, lat each of the four corners,
platform of timber and plank was attached
by wide iron straps in such a manner that
the platform could be raised or lowered, ac-
cording as the ebb and flow of the tide
made 1t necessary and convenient in carry
ing on the work.
On the up river side of this structure, a
series OF steel and iron railroad rails formed
a screen to break the force of the current of
the ebb tide, which ran at this point five or
SIX knots per hour, and in its shelter the
divers could work at the bottom of the river
on the ledge. Alongside of this structure, a
sloop upon which the divers and wOrkmen
lived, was mOOred.
The P. s. & P. railroad bridge across the
Piscataqua river, is located about three
Capt. Josiah NJ. Aderton of Kittery, was
master of the schooner Satellite of Bath, en-
gagged in freighting bricks from Dover to
Boston. The schooner, then laden, ON the
morning of the 2Sth of April, was moored at
the bridge mentioned, and was got under
way about o'clock, and proceeded down
river.
AT first there was some breeze, but when
about half way down to the Gangway the
master found the breeze was beginning to
die away, that he was losing control of the
vessel, and he headed her for the Ports
mouth side, although the main ship channel
was on the Kittery side.
Soon after he found the wind had died
away he dropped his anchors, but either be-
cause he did not pay out enough chain or for
some other cause, his anchors failed to hold,
and the vessel quickly drifted down the
stream and struck heavily against Andrews
structure, doing considerable injury, but re-
ceiving none; then swinging round down
the stream with the current, she brought up
with one of her anchors upon one of the
moorings of the sloop. This mooring was
cut and the schooner drifted down stream.
Andrews losing an anchor.
Andrews damages amounted to several
hundred dollars. Capt. AdertOn declined to
was the result of an inevitable accident, and
was not caused by any negligence in the
management of the schooner.
Andrews sued Aderton in the Supreme
Judicial Court in York county, in an action
on the case for damages arising from his al
legged negligent management of the schooner,
and jury at the trial last January at Saco,
returned verdict in favor of Aderton. An
drews' cOnsel then filed motion to have the
verdict set aside on the ground that it was
against the law and the evidence in the case
and the case went to the Law court but was
never argued. Soon after the verdict, An
drews concluded to try again in another way
and therefore entered libel in the District
Court of the United States at Portland,
against the schooner Satellite, but not
against the master, and the court issued pro-
cess, upon which the vessel was attached and
her owners bonded her. Capt Aderton
came into court as claimant of the vessel,
and by his counsel moved that the libel be
dismissed because another action for the
same cause was pending in the State court,
but the court held that the pending of the
other suit was no bar in this cause.
The captain then filed his answer to the
libel, alleging that the cause was not one of
admiralty jurisdiction because among other
things, the structure injured was not a yes
sci engaged IN commerce, and on navlgable
water, but structure in the water, resting
on the bottom of the river, used for another
purpose. At the hearing it was claimed in
his behalf that an injury to such a structure
caused by the collision of vessel Herewith
was like an injury to bridge or wharf, a
common tort, the remedy for which was not
within the jurisdiction of the admiralty
court but must be sought in a court of COM
mon law. The Judge of the district court
found as facts, that Andrews structure was
in deep water near the middle of wide pub
lie navigable river, within the Iebb and flow
of the tide, where vessels were accustomed
to navigate, and that there was ample room
on either hand for vessels to pass, and that
he was there lawfully engaged in improving
the facilities for the navigation of those
waters. That the master of the Satellite
waited too long before he attempted to an
ch0r and that he did not have enough chain
overhauled, and after casting his anchor did
not continue TO pay out chain as he might
have done, whereby he might possibly have
brought the schooner up in season to have
saved the collision, since the last foot might
have been sufficient. The court held that the
test Of the admiralty jurisdiction of the
federal courts was locality. That the struc-
ture which Andrews had moored upon the
ledge, its use and locality were such that the
District Court had jurisdiction, and further
held that inevitable accident was not proven,
but on the contrary that the master was
guilty of negligence in the management of
the schooner, and ordered a decree to be
entered in favor of Andrews for the amount
of his damages.
From this decree Aderton, the claimant,
appealed to the Circuit Court. To the lay
man the judicial teter now seemed evenly
balanced. Each of the litigants upon the
same evidence had won and lost his case
thereupon the owners of the vessel rendered
to Andrews satisfactory amends for his dam
ages, and both cases were settled.
Hon. w. f. Lunt was counsel for Andrews (;
Hon. W. Z. Hogan of Bath was counsel for
Aderton in the State Court, and Hon
Thomas B. Reed in the District Court.