The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-08-27
FIGHT OVER THE ST. NICHOLAS.
A New Phase of the st. Augustine
Greek Collision suits.

| Greek Collision suits
1t turns out from the answer to the libel
ants declaration in the United States court
in the suits against the 81. Nicholas, that
the steamboat is one Of the assets of the
Florida Railway and Navigation Company
which Is in the hands Of Henry h. Duval,
receiver, who was appointed by Justice
Woods in the United States court in Florida
| Oct. 20. 1885.
R. r. Richards, Esq, counsel for the
! receiver, has filed a lengthy answer 20 the
! petition Of the libelants, Of which the main
| features are that it admits the collision on
| the night of July 20, but lays
/ the blame on tho drawDridge keeper.
Il admits that the lights ON the
| bridge at the time Of the collision were
| placed in the position that the hbelants
| claim, i. e. a red light in the center OF the
/ drawer and one on the western side OF tue
drawer, on the abutment Of the bridge, and
says tbat sucd position OF the lights lndl-
| Gated that the drawer was open, taking
issue with the hbelauts on that point, who
claim that the position Of the lights lndl-
Gated that the draw was closed.
The answer goes on TO say that the mas
| ter Of the boat, Capt. Frank G. Boulineau
was licensed pilot and managed the yes
gel skillfully, denying all charges OF negl-
gence, and that every precautiOn was taken
to avoid the collision that the weather was
niue-tenths cloudy, and the wind south
west at a velocity of eight miles an hour,
that the night was dark. and owing t. the
background of trees to the bridge, aud the
shadow OF the bridge, it was impossible to
tell that the draw was closed any sooner
taan Capt BOlineau discovered it; that no
train was approaching and that there was
nothing toiudicate that the bridge wa open,
button the contrary, every thing 10 show taa5
1t was not open; that a suitable number Of
watchmen was on deck and on the lookout,
such as the law requires. 1t is denied that
the boat was running at too fast rate of
speed, aud the claim is made that the coils
ion was an accident for which the vessel
was and is in no way liable.
In further answer, the paper says that
the bridge, owing to its location and the
manner m which it was built is Il well
known obstruction to the navigation of st.
Augustine creek; that the tidal currents do
not run parallel to the bridge piers. and it
is too low and is not properly protected by
fender piles, and the currents SIT in diagol-
ally to the bridge and with the best man
agement are apt to carry boats against 1t,
so as to cause collision, which has fire.
quently happened to vessels of all kinds,
and which has beeh the cause OF frequent
complaints against the bringe as a danger
Gus obstruction to navigation.
When the draw of the bridge is open, it is
claimed that vessels are compelled To take
risks In passing through, and the paper
further says that the Iybee railroad crosses
the creek at a sharp bend. and the tide ruus
dlagonally across, both at ebb and flood
compelling vessels to make an angle in go
Jag through the draw, and it is difficult to
steer vessel as large as the st. Nicholas
without danger of striking unless sufficient
speed be put on to overcome these obstacles:
fhaFa fg,gs nsg.A,A \
draw Is open steamer is compelled to ap-
proach the draw with some speed il order
to pass through safely, as on the occasion of
the collision, when the lights were st in the
position As alleged in the III el and admitted
IN the answer, upon which the g is no con
fict between the parties.
The answer alleges that the master could
not discover that the draw was closed until
he got within 300 fee, or other short dis
tance of the bridge, and then he used every
endeaVOr to avoid the collision: that the
usual whistles we're blown to warn the bridge
I tender of the approach Of the steamer, and
that when the draw was discovered to be
closed the steamer was backed for all she
was worth.
1t is denied that tine bridge was closed for
the passage of a train, aud that 1t is a rule
OF the road for all trains to come to full
standstill before crossing the bridge and
await signal from the bridge tender be-
fore coming over.
The most important part of the answer
In the present state Of the litigation, is a
petition annexed to the answer for limita-
tIon of liability under the shipowners' act.
If the court shall determine that there is any
liability at all, which respondent denies.
The petition sets forth that this act limits
the liability to the V,.ue of the vessel i'm
medlately after the collision, in Ter dam
aged condition, and the respondent asks for
an appraiSement of the value of the vessel
Immediately after the collision. and prof
ters bond to have her released. The re-
spondent says that the boat in her damaged
condition was not worth more than $1,000.
or thereabout.
1t IS believed that appraisers will be ap-
pointed to-day or tomorrow, and all hands
are now awaiting the appointment of APP
praisers and their report, thai the bond NAV
be given and the boat be put in her trade
between this city aud Brunswick and
Fernandina As this is the busy season
with vessels it is understood that if the boat
Is not speedily released Receiver Duval will
cha ter another vessel and let the St
Nicholas severely alone in the hands of the
United States marshal nd let the libellants
fob tR,sa vi Is 4, L