San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-06-01
SUPREME COURT DECISION.
Ruling OF A District Judge
Sustained.
LONG PENDING CASE FINALLY
DECIDED BY THE HIGHEST
COURT YESTERDAY.
Steamer Not Held Responsible For
Damages To- BargeS Which
She Was Compelled To Cut
Loose In a Storm In Or
der to Save Herself.

Cleveland, O., June LATTER being
bitterly fought step by step through
the courts for nearly score of years,
a decision has been handed down in
the court of resort-the United States
Supreme court-in the case of the own
ers of the barges Eldorado, George w.
Wesley and Bay City, against the own
ers of the steamer j. B. Donaldson.
The court held that when a steamer is
compelled to de/ert her tow in a
storm for self-preservation, she can
not be held liable for general average
loss sustained by the tow. This es-
tablishes valuable precedent and the
case has attracted widespread atten-
ton. 1t has attained a national repu-
tation.
The events which led up to the orig
inal suit were as follows:
In November, 1880, the steamer ]. B.
Donaldson left Buffalo with three bar
ges in tow.
A storm was encountered on Lake
Erie and despite the efforts of the stea-
mer, she and her lows were being rap
idly driven toward the south shore of
the lake The steamer attempted to
make Erie for shelter, but at point
below that port it became evident that
the steamer, with her consorts could
not get inside of the harbor, and after
struggling for long time the tow line
line was cut as last resort. In con-
sequence the barges were driven ashore
while the steamer made Erie in safety.
Suit was commenced at Detroit by
he Of q harOaC recover
damages, which in the aggregate were
heard before Judge o. Brown, of the
Supreme court who was then United
States district judge. The owners
of the barges claimed that the steamer
was negligent in not keeping the ves-
sells off the shore and that, if not negli-
gent then, having sacrificed the lows
for her own safety she was at least
liable to make contribution in the gen.
eral average the same as if she had
jettisoned her cargo, that is, thrown it
overheard to save herself.
Justice Brown decided that there was
no neglect and also ruled adversely in
the claim for general average. The
case was appealed to the United States
Circuit court and heard before the late
Justice Matthews, who affirmed the
decision of the District court as to the
question of neglect, but reversed on the
other ground and held that the owners
of the barges were entitled to a gen.
eral average. This decision by it's
novelty attracted a great deal of at
tention. Finally the case was appeal
ed by the owners of the Donaldson to
the United States Circuit Court of APP
peals at Cincinnati, but this court, on
account of the popularity Of the decis-
ion of the circuit judge, deemed it adj
visable to have the matter determined
by the Sujreme court, and certified up
the question whether there should be a
general average contribution between
the owners of the steamer and her
lows under the circumstances mention
ed.
The Supreme court decided the 'ques-
ton in the negative. reversing the de-
cision Of Judge Matthews and affirming
the original decision of Judge Brown,
that the law of general average is con-
fined to such cases where a voluntary
sacrifice is made of some portion of the
ship or cargo for the benefit of the res
idue and has no application to con-
tract for towage.