The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-07-15
THE BARGES SANK
Quite Unfit for Dredging
Purposes.
The Won Schmidt Dredge Company
Wants to Turn the Tables on
the Southern Pacific.

There appears to be considerable differ
ence of opinion between the Won Schmidt
Dredge Company and the Southern Pacific
Com pany as to the value Of two barges
which the former company hired from the
latter last December
About two months ago the Southern Pa
cifc Company filed suit in the Superior
Court against the Won Schmidt Dredging
G ompany to recover $7061 damages for in
iuries done to the company's barges
Nicolaus and Yuba City. The complaint
alleged that the dredging company had
hired the barges to aid in performing ceT-
tain dredging work off Baden. in San
Mateo County. and had promised to return
them within thirty days Ia the same con-
dition in which they were loaned. 1t was
claimed that when the barges were re-
turned fortnight later they were so badly
damaged that the Nicoaus had to be
almost entirely removal ted, and the Yuba
City was in such condition as to be no
longer fit for use. Altogether, the South
ern Pacific Company thought itself en-
titled to at least the sum demanded by
way Of compensation.
Yesterday the dredging company filed an
answer and cross complaint in which some
verv pronounced assertions are made. A
Pacific Company's statements of the terms
under which the barges were hired. and
then the defendant company alleges that
said barges were old. rotten. leaky and
unfit for use." 1t is explained that tor the
purposes of dredging in this particular
spot it was necessary to use long iron
pipes twenty inches in diameter to dra W
out the mud and water, and that the
Southern Pacific Company was told that
very strong and seaworthy barges would
be needed for the purpose. On that under
standing the barges Nicolaus and Yuba
City were handed over to the dredging
company.
The defendants answer goes on to state
that as soon as the iron pipes were placed
on these bargeS both of them filled and
partially sank, although the greatest care
was exercised ID loading them, showing
that these barges were utterly unfit for the
purpose for which they were hired. The
idea Of their being worth $500 is de-
nounced as absurd.
II is further claimed that without any
fault or careessness on the part of the
defendant company, and by superhuman
force, to wit, the act of God an unusual
and unprecedented storm and tempest
| arose, whereby said barges were by action
Of said storm partially filed with water.
and then thereby if any damages was done
to the said barges the same was done
| through the unusual tempest and storm"
The answer closes with denial of the
statement tina. something like $500 was
spent in rebuilding the deck of the Nico-
laus. and repeats its belief that the said
barges were not of the value Of $500, 'or
Of any other value whatever"
By way of cross com plant the dredge
company alleges that by reason of the un-
seaworthlness Of the barges pipes and
couplings were lost to the value of $1,000.
and the business of the company was lost
and interfered with to the extent Of $4,000.
Wherefore thu Won Schmidt Dredging
Company prays to have the Southern Pa
cifc Company's suit dismissed with costs
and to have judgment against the said
company in the sum Of 5000.