The San Francisco call., 1896-11-26
a LiBeled Steamer Case
Decided After Eight
Years.
Steamship Companies Are Re-
sponsible for Damaged
Cargos.
Judge Morrow Intimates That Dead.
light Might Have Been Care.
lessly Left Open.

= United States District Judge Morrow
: yesterday rendered an opinion in the libel
E. suit of Bancroft, Whitney and thirty-six
. others against the Pacific Coast Steamship
Company, in which the libelants seek to
recover damages aggregating $40 00G. The
: case was referred to the Commissioner to
ascertain the exact damages to be
: recovered
:. 4 history of the case goes back to April
80, 1888, when the steamer Queen, bound
from this port to San Diego, sprung leak
ald began to take in water fast. Captain
Alexander was unable to check the flow
yof ocean into his ship and was forced to
run for Port Hartford, where he beached
his vessel. 1t was a skillful lnaneuver, as
!. she had a valuable cargo as well as PIP
=: passengers on board.
;. Much of the cargo in the lower part of
the hold was damaged and was returned
'rothis City. Divers were sent down in
the hull, but found no evidences of injured
plates; but from testimony given at the
trial il seemed that the theory of an open
:. :deadlight near the water line was a feasi-
bic one.
= Albeit the flooded compartments were
sin a.tew hours pumped out and the vessel
!. returned to San Francisco, having sus-
tanned no damage other than in some
mysterious manner getting full of water.
The owners of the flooded freight libeled
the steamer, alleging that the mishap was
due to the negligence of the company, and
o the defense replied that the disaster was
due. to the Unavoidable periis of the
sea-" consequently the company was ex-
empt by law from all responsibility and
not constrained to pay damages.
The substance of Judge Morrows deci-
:. sion is as follows:
. II does not appear from the testimony that
the vessel after she left the port of San Fran
cisco met with any accident or injury which
have struck or come in contact with any
rocks or other object until she was beaehed at
Port Hartford Neither does il appear that
she encountered such boisterous weather as
would account for an opening in her sid e to
which the leak could be attributed The
testimony does not directly indicate any neg
hgenee on the part of the officers or crew in
navigating the vessel, but 1t does seem TO
POINT TO an open headlight the cause of the
leak In the water-tight department After the
vessel had been beached at Port Hartford and
while she was partially under water, diver
was sent down 10 examine her bottom and as
certain what was wrong with the vessel. He
went down several times, and appears to have
stopped The leak, for after his final examine
tlon all the bulkhead doors we're secured from
the inside, cofferdam was built around the
forward hatcn, the water pumped out and
the vessel foated. Forty-eight hours after
ward.she had returned TO San Francisco with
port
Upon the whole of the case l am OF the
opinion that the hbelants have made out their
case within the rules OF the law against the
claimant and that the latter has failed to
bring himself within any OF the exceptlonS
provided by the shipping receipts or contracts
OF ahreig htmenIs which would relieve him
from liability for the damages sustained TO the
various shipments made on board the steamer
Queen.
Let decree be entered in favor of libelants
aud let the case be referred 10 the Commits
sioner to ascertain the damages suffered by
such shipment, unless the parties can reach
some understanding and agreement respect
ing the amount OF damages 10 be awarded.