The San Francisco call., 1896-02-11
LIABILITY OF SH|POWNERS
Judge Hawley Defines the Re-
sponsibility to Ship
perS.
IMPORTANT DECISION
The Law of Limitation in Regard to
the Wreck of the Schooner
Steamer Emily.

Judge Hawley handed down an impor-
tant decision, especially to ship-owners,
yesterday in the matter of Albert Meyer
and others, owners of the steam schooner
Emily, for limitation of liability.
The steamer Emily was lost on the bay
at Coos Bay in July, 1893. Her remains
were turned over to a trustee and sold at
underwriters sale for $130. The steamer
left San Francisco on July 7, 1898, and on
the way up rendered salvage service to the
Bawnmore, first towing that ship into Cas-
par Creek and thence to this port. On
July IA she again left for Coos Bay, aud on
July Z, while attempting to cross the bar
at Coos Bay, was totally wrecked.
The petitioners contended that they
were exempt from liability, and that if
liable at all they could only be held to the
extent of the value of the wrecked steamer
and freight pending.
Isaac Lando, shipper of merchandise
on the last voyage of the Emily and an as
signee of other supplies, and as admins
traitor OF the estate of G. Robinson, whose
life was lost at the time of the wreck of
the steamer. commenced suit in the United
States District Court as respondent, and
held that the petitioners were liable for
the loss independent of the limitation acts,
because the Emily was unseaworthy; be-
cause of the unlawful deviation from her
voyage in bringing the Bawnmore back TO
San Francisco; that such deviation, if al
lowable at all, under the act of February
13, 1898, was allowable only to the extent
of taking the vessel to Caspar Greek; that
by towing her to San Francisco the own.
ers of the Emily became insurers of the
goods for the voyage and cannot plead any
limitation.
Captain Roberts was i'll when the Emily
returned from Caspar Creek, and placed
Captain Lucas in charge of the steamer on
her last trip. The latter disobeyed the in
structions OF Captain Roberts in crossing
the Coos Bay bar at ebb tide. These in
structions being disobeyed, the steamer
was lost.
The court held that while the Emily was
seaworthy the captain was not justified IN
bringing the Bawnmore back to San Fran
cisco and thereby going out of its course.
He was justified, however, in taking the
vessel into Caspar Creek, but there were
tugs present to render help if it were
needed
With reference to the death of C. Robin
son it was held to be occasioned by his
own negligent and improper conduct. He
would have been saved had he not insisted
on taking his baggage in the lifeboat with
him.
In summing up the evidence Judge
Hawley said:
1t follows from the views already expressed
that under the act of 1884 Captain Roberts is
liable in the proportion which his individual
share of the vessel at the time of the affreight-
ment bears to the whole value of the goods
lost. AS to the other owners, am of the opin-
ion that when all the testimony and ali the
various acts of Congress are considered, they
are entitled to avail themselves of the pro-
visions of section 1888 ct seq, Revised Statutes
United States. 1t extends to liability for every
kind of loss, damage and injury. This is the
language of the maritime law, and it is the
language OF our statute, which virtually adopts
the law.
The interests of the owners other than Rob-
erts to be surrendered is the value of the YES
sci at the end OF the voyage, which in this
case would be at the time of the wreck after
The disaster. Whenever the owner shall take