The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-06
MULCTED In $4,000.
Award Against the Willamette
for the Collision.
DAMAGES FOR Loss OF LIFE.
Judge Hanfeed Holds the Big Collier
Responsihse fer the Disaster %
October Q. 1884.


pany, we're yesterday mulcted In the sum
OF SO. ooo by decision handed down By
Judge Hanford in the suit for damages
brought against the steamer Villain
cite by the relatives Of those
killed and injured in the collision
between the steamers Willamette and
Premier near Marrowssone point October
). $50 As the resais OF that accident four
people were killed and rnaay wounded
The relatives Of the dead, together with
those injured. joined IN n suit FOR damages.
OF whirh this decision Is the result.
Judge Hanford holds that the Willamette
was at faRi. and awards damages 10 the
plaintiffs IN Gums ranging from 81 900 TO
5000. making a total OF sc. 100 " hich the
steamer will have to pay over. The
judges decision is given herewith in full !:
United State. dis,rlet court. District of
Washington Northern division. In
admiralty. Suit in rem TO recover dam
ages for personal injuries 10 passen gers
resulting from collision OF the steam
collier Willamette with the passenger
steamer Premier. Findings and decree
for liheliants-
"Hanfo-d. J.
This is a suit in rem BY passengers who
were injured aud personal representatives
and heirs o! passengers who were killed by
collision between the passenger steamer
Premier and the steam collier Willamette
on Admiralty Inlet, about mid way between
Marrowssone point and Bash point. The
Premier is steel propeller. and was at
the time of the collision plying as regu-
lar passenger steamer on the route from
Tacoma 10 Whatcoln, via Seattle, Port
Townsend and Anacortes. The Willamette
IL an iron propeller. built for the coal trade,
and was az the time of the collision bound
from Seattle to San Francisco with cargo
OF about 2. 700 tons of coal.
The collision occurred at 2.05 .. IN. De-
tober 9, 1897 Admiralty inlet is wide; no
other vessels or distractions impeied
either Of the colliding vessels; the sea was
smooth; the machinery Of each vessel
worked we'll and both were in all respects
properly equipped and easily controlled.
And. although fog hung over the place and
cnyeloped both vessels at the time Of she
occurrence, the collision could not posi-
bly, have happened If due care and the
rules prescribed by law for the prevention
of collisions had been observed by the
commanders of both vessels. The Premier
has not been arrested or brought within
the jurisdiction of the court / shall
therefore in this decision refrain from ex-
pressing any opinion upon the question as
to whether she was in faElt. Ii the coils
ion was caused by culpable negligence on
the part of the Willamette she Is liable for
Premier. notwithstanding any fault on the
part of the latter which may have been a
contributing cause of the same injuries.
The Atlas 90 Z. s. 3d.
From the testimony of the wiIlamette's
officers find that she left Seattle at 10 so
a. M. in thick fog. When off West
point she was overtaken and passed by
the passenger steamer City of Kingston,
bound from Seattle to Port Townsend.
She passed Point No Point at lilo .. IN.
and from that time until the moment of
the collision her engines were working
fnii speed or nearly so. do not accept as
true the statements of her officers as to
the course of the Willamette from Point
No Point to tie place Of the collision. /
lind, according to the preponderance of all
the evidence, that the Willamette took a
course from Point No Point which brought
her very near TO Bash point, on the east
side OF the inlet; few minutes before the
collision she was actually seen by persons
residing there. The Premier was then
around Marrowstone point aud had passed
the Kingston and wass heading 8. e. AE.,
which was her proper course. Being in
the fog she was sounding one blast OF her
whistle ut frequent intervals, and said
signals were heard on board of the Villa
mette and also by people on Bush point.
The Willamette, instead of pursuing her
proper course, keeping on the east side of
the inlet, deviated TO the westward and
took q course aimed with fatal accuracy
toward the approaching Premier. The
master of the willamette. in his testimony
swears that when he heard the Premier's
whistle. he mistook her for the City of
Kingston. and IL is altogether probable
that he changed the course of the William
elite with the intention of following In
the kiugston's wake. and that on account
OF his stupidity or pervcrsity he failed to
discover that the vessel whose notes of
warning were constantly sounding, was
approaching. instead of being overtaken.
Ii is proven by the testimony Of the assist
ant engineer in charge of the WilIamette's
engine room at the time of the occurrence,
that the hrst and only order occasioned by
the meeting was: 'Astern full speed, and
this he has recorded as being given at ? :05,
the very moment of the collision. The
Willamette rammcd the Premier ut an
angie OF about forty-iiye degrees,
on her port side, just abaft the
her hull nearly or quite TO the latier's
keel, the Willameite's bow being so firmly
wedged into the structure of the Premier
as to render her unable by her own efforts
to pull away. After towing the Premier
across the inlet to the beach near Bush
point and maSing her fas: to the shore,
her repeated efforts to back away and
separate from the Premier resulted in
parting a hawser, and still the two vessels
remained united until. with the assistance
of a tug. the Willamette Was finally
liberated and the Premier stnk. The
willamette was in fault for deyiet;ng
from her proper course and Tor continu-
ing at a dangerous rate of speed when
the near proximity 81 another vessel was
in fact known 60 her officers, instead of
stopping until the position and course of
the other vessel had been made ont and
proper signals for passing had been given
by both vessels, as the law prescribes, and
understood.
AS the direct result Of this casualty
John T. Noe, who is represented In this
suit by Philip l. Reese. as administration
of the estate Of said Moe; Frank L. Wyn-
koop. W y. Richardson, who is repre-
sented in this suit by his widow. Ida F.
Richardson, and Joseph Rankin. were
KILLED and Jacob Nelson. Emma B. Mil
Ter. II. ]. wynkoop, T.. W. Vest aud
Thomas Eoran suffered personal injuries,
all Of said deceased and injured persons
being passengers on board the Premier.
The statutes OF this state provide as
follows: When the death OF q person is
caused by the wrongful act or neglect OF
another, his heirs or personal Representa-
HVes atay maintain an action for damages
against the persons causing the death.
z HIS Code. sec is. A father. or in case
OF hls death or drsertion OF his family, the
H1atheF may MAINTAIN an action as piain-
tifi for the Iniarv or death of child, and
a guardian Tor the injury or death OF his