The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-10-24
THE LIHOLIHO'S SALVAGE
DECIDED BY THE SUPREME
COURT.
A Decision That Will be of Interest
to Mariners, Insurance Men,
Shippers and Others.

In the case entitled The Liholiho
and the Inter-Island Steam Navigation
Company VS.. 1906 bags of sugar, and
The Alliance Marine and General AS
surance Company, w. G. Irwin & Co.
and The Hawaiian Sugar Co., inter
venors, the Supreme Court this morning
filed its decision. The documents is
long one, written by the Chief Justice
and concurred in by Justices Bickerton
and Frear. The Court adopts the
findings of fact and of law as decided
by Judge Cooper in his opinion rem
dered on the 2Ist of September, 1898,
| with the exception of the amount of
salvage, which the Court reduces from
one half the value of the sugar to one
quarter.
The following are the legal points
settled by the decision:
1. A schooner completed taking in
her cargo of sugar at the port Of Maka-
well, Kauai, at dusk and soon after
started on her voyage to Honolulu.
Held, leaving the port in the night time
was not per Sc evidence Of negligence.
2. The fact that the salving vessel
and the schooner from which the sugar
was salved belonged to the same
owners does not prevent salvage being
awarded against the cargo salved.
3. The libellants were under con.
tract to convey the sugar from Maka-
we'll to Honolulu, and their vessels
we're under general orders to assist each
other. These facts do not prevent the
rescue Of the sugar from being a sal
wage service.
d. The action of the winds and
waves being the proximate cause of the
disaster, and the miscalculation of the
master being the remote cause, the loss
was occasioned by peril of sea.
S. The schooner Liholiho wa:
loaded and started in the early evening
to go to sea from Maxwell, Kauai
| The master was at the helm the crew
hoisted the foresail and mainsail, hove
on the anchor until it broke ground
then began to hoist the jb. The WING
was light and eff shore on the port bow
as the schooner was coming round
The course out of the harbor wa:
ifs. w. The wheel was hard to por
and lashed The schooner paid of
very slowly, and the mate fearing sh'
might touch the reef let the anchor 60
Shortly after this it was again hoisted
the mainsail peak was lowered and thu
jb sheet hauled to windward and be
layed, and when the schooner wa
within two points of her course sh'
! struck the reef on the windward o
f port side of the harbor, near the en-
, trance, and stuck fast. The steame
lwalani was sent for, and when sh
arrived she anchored and fastened ;
hawser to the schooner and kept
STEADY strain on it to keep her from
being lifted more on the reef by tn
swell, and discharged the sugar rapid
with her own boats, and finally pulle
the schooner off into deep water. TIL
Liholiho had knocked a hole in herse
and afterwards sank and was tots
loss. This service was attended wit
but little danger to the lbellant's saly
ing vessel, the sea being smooth an
the wind light, and did not requir
Igreat skill, or any extra expense, an
occupied only about twelve hours /:
Held, that one quarter of the ne
proceeds of the cargo saved woul
under these circumstances be props
compensation for the service.