The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-12-15
THE STEAMER AT FAULT.
JUDGE sPEER DECIDES THE ST.
NICHOLAS CASE.


court In the famous admiralty case against
the steamer st. Nicholas, awarding full
damages for the hbslants. The Hbsl re.
suited from the collision of the st. Nicholas
with the st. Augustine Greek bridge of the
Savannah aud Atlantic Railway Company
on the night of July 20, 1889, while con-
veylng party Of colored excursionists to
brunswick. The collision caused the death
OF several people and severe injury to
many.
The libel was brought by Henry Jones.
Louisa Giles, Joshua Giles and thirty.seve1
others, through Lester 81 Ravenel It was
based on claim Of negligence on the part
OF the master OF the st. Nicholas in not reg
ulating the speed of the steamer SO as TO
have her under full control until he saw the
draw was open.
Henry 4. Duval, receiver of the Florida
Railway Company, answered the charge of
tne hDei through Richards q Leaken, deny
ing negligence.
The hearing of the case, several months
ago, occupied many days, a great number
OF witnesses having to be examined on both
sides. WV"
JUDGE sPEER's DECISION.
Judge Speer's decision is a mastery pa
preparation. II reads like an essay and is
sucn an interesting document that the
MORNING News presents it to its readers in
full. It is as follows:
In the district court of the United States. east
ern DIVISION, Southern district of Georgia in
re the 81. Nicholas in admiralty, death and
personal injury from collision Lester n
havenel for libelants r. K. Richards & w
=. Leakln for the respondents Decided
Dec. ID. 1891.
SPEER, 1.-THE libel filed in this cause alIayes
that Henry Jones, Louisa Giles Joshua Giles
Ger husband, and thirty-sepen other persons
we're passengers on board the steamboat St
Nicholas, Frank Boulineau master on ,Juiv %
1889. The st. Nicholas was a regularly licensed
ana enrolled steam vessel. and was engaged In
navigating the inland rivers of Georgia as a
common carrier of goods and passengers be-
tween the ports of Savannah and Brlluswick
IN tnls state. The particular voyage on
winch she was engaged at the
time OF the incidents described In the libel was
rom SAVANNA TO brunswick through the in
land passage. Libellants were recognized as
passengers for that voyage, which was COM
menced about $3.50 O'Clock %. m on the dev
above mentioned. After proceeding on her
course for about one hour the St Nicholas
collided with the draw-bridge across st. Augus.
tine creek, at that time the draw bridge of the
Savannah and Tybee Railway Company. whioh
was, az the time closed. That at the time of
the collision the vessel had Just turned out of
tho Savannah river into St. Augustine creek.
ana after proceeding 10 said cresk from one.
halt 10 three quarters Of a mile colided with
the draw bridge The collision rendered IL i'm
possible for the steamboat TO proceed further
on her voyage, and she accordingly returned 10
Savannah.
THE WRECK
1t Is further averred that by the collision all
the forward part of the saloon and hurricane
deck of the boat was carried away or crushad
in and caused to fall to the lower deck, causinr
the libelants, most of whom we're on the saloon
DECK, 70 be thrown violently against the deck
or 70 fail 20 the lower deck, and TO be crushed
and bruised by the falling tlmbers of the deck
and the ttmbers of the draw bridge under which
the boat was forced, thus causing the Injuries
winch are set out in detail 10
various. Tt will suffice to Indicate their
general character to state briefly that Henry
Jones, it is alleged, was crushed and bruised in
such manner that he lost his right eye. and
was so crushed AMI bruised in his body and per
son as TO render him incapable to follow his
ordinary vocation. which was that of a Dorter
In store He suffered great bodily pain and
anguish and was confined to his house and bed,
ana rad TO employ the services of O physician
and OF nurse to treat him for his INJURIES
Louisa Giles being 10 that part Of the
steamboat which was forced under the bridge.
was caught between the bridge and declcs Of fhe
steamboat and crushed to that extent that her
right thigh and right arm were broken aud her
face and body badly bruised. Mary Anderson
was caught between the bridge and the decks of
the steamboat and received serious injuries In
her spine and left mp, had her right arm and
right shoulder seriously injured. william brown
received serious internal hi uries and since then
mas hot been able to breathe with freedom;
has not been able since then to follow his orCii-
nary avocation OF mattreSSmaker and car
penter. Cecilia Beesley was knocked on the
head, her left shoulder dislocated and chest
crushed. Her memory and hearing have been
affected Most of the injuries as described. are
serious; and generally expenditures for physi-
clans and nurses have been made necessary It
Is alleged, and wherever the party injured was
a mBrria1 nf11a har httc nd hao
as lioelant to recover for the loss of the com
fort aud services of his wife and for his outlay
in securing medical attention and nursing for
| her.
INTERvENTIcNS FILED.
| There are several interventions fled seeking
| to recover damage for tho death OF several
passengers who were crushed and bruised IN
the collision TO that extent that they either were
taken up dead or died after lingering for a
| snort time These interventtons ere brought ny
| parties who under the laws of Georgia, would
| be entitled to recover Tor the unlawful homi.
| eide OF person bearing the relation
| or that occupied by the several pass,nRerS
| who we're killed to the several intervenors re-
| spectiyely. There are yet other interventions
| by which passengers who were injured prefer
their claim in that form for damages and com,
pensation.
Since the court has confined its attention to
the question whether or not the St Nicholas IS
Liable as claimed, it will not be necessary to
give more detailed statement OF the Character
I
claimed by the Hbelants.
The grounds of negligence set forth In the
libel are as follows: Tho bridge with which the
steamer collided had been constructed across
the st. Augustine creek for O considerable time:
its position was well known to those engaged
| in NAVIGATING the inland route between Savan.
nah and Brunswick; that at the time OF the col
lison the draw bridge was marked by two red
lights one Of which, by an amendment to the
libel, Is described as being In the center of the
draw and the other on the western side of the
draw, or abutment of the bridge,
These lights were visible to per
sons approaching the bridge from
the Savannah river through st. Augustine
creek; the lights were In the position whore
they usually were when said bridges wore
closed; that the master OF the St. Nicholas were
himself acting as pilot, and so negligently man.
aged her as to cause her to violently collide with
the bridge, force her bow under the dra W
and thereby injure libelants in the manner de.
scribed.
FURTHER CHARGE.
II was further negligent, it is charged, that
the master did not so regulate the speed Of his
vessel as TO have her under full control until he
had ascertained that the draw was open. and
that it was negligence to proceed so near the
bridge at such a rate of speed as to render IL
impossible for him to arrest his boat and thereby
prevent the collision.
further ground Of negligence is that as the
steamer was approaching the bridge Il was the
regular schedule time for the passage of the
passenger trtin OF the Savannah and Tybee
| railroad; the train was then actually approach
ing the bridge, and IL was negligence, Careless
4 and n-trs1 81.