The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-06-26

three occasions the steamer was stopped whether
by her engines before reaching the reef and without injury
That Captain Andrews relying upon his experience IN and
knowledge of the harbOr did consider the danger
one shown think, by his failure place lights in the har-
Dor and by his permitting the passengers board
1t should be borne in mind however, that that same experience
knowledge the captain which eened the danger the
Likelke materially added the value of her services
evidence that the belan has had for some
time past standing of It's vessels
sail Of Kahuui harbor night This prohibition
would extend bv inference to maneuverng harbor
Further, contrary the companys regulations, the
remained IN the habor that day and night without
line bow moorngs having earlier in the day
removed already noted her bow line for in towing
the evidence, however cannot find that she IN tact IN
any risk by solely of the absence of that line
There life any time during the performance
of the salvage service
The LkeIike of value of about 100000 carrying
S3 Her monthly receipts for freight
and passengers are about 800 holding contracts
carry Honolulu all the manufactured by certain
plantations along her route.
Now that the Lurne safe there be certainty to
would would have happened to her had not the
Lkeke to her assistance and yet after nearing an the
evidence believe did Captain Brown the time that she
was while the reef and unaded by the keke IN danger
of becoming loss in other words that without the aid
of keke she would have proved total loss The extent
of the injury by the heavy tmbers of her keel until
the Saturday morning leads me to the conclusion
that the fournch panking bottom could have long
stood action of the and it would not have neces
stated very large hole to make her Closely
neced with subject the question of the availability OF
other assistance Three such means have been u
gested on behalf of the respondents w.t. Q the hauling
vessel with haWserS wire Cables
attached and passed through the bow moorn
power being furnished by po stationed on the beach,
(2 the first that the was to be sphed
by fifty sevenyve in line the beach, and with the
addition ballast be shifted to certain SIDE OF the
Lurne as her draw less water; and CD the send
ing to Honolulu per Lkeke Sunday morning of message
for tug reach Kahulu time on Sunday
evening and the Lurne Off Some of these meth
may possibly have succeeded but should be borne IN
mind that with of them considerable delay would have
been necessary attempt could have been made to pull
delay would in all probability certainty
tbnk-have resulted in the knocking of hole in the bottom
of the ship After that towing into deep water would have
been than useless.
What was the value of Lurne for the purposes of this
case The for bean admit that the value to be con
derd bv the court of what lost but OF what
was saved The the repairs to put the vessel
as good condition as she before she struck $4,000
On the what she worth after beng repaired con-
siderable expert testimony introduced but as nap
pens In cases. the experts failed to agree One placed nr
value at $780, old junk adding that she could not IN his
opinion sold for other purpose another at III
placed ON the San Francisco; third at SlOooo
under similar circumstances; and fourth, at Sl9Ooo P
chased by having special use for her he snip was oI
about ten wears ago of about $4,000 Two years ago
her owner purchased her for $4,000 She is
sured for the of $4,000
The aue 70 he considered is think the market value But
what the 0market valueg the price which article
will bring offered for sale in the market 1t IS the highest
prc which those having the ability and the occasion to buy are
willing to pay" r. r. Co. Woodruff, s. w. Ark) 1874.
What parties willing pay better shown by what they
actually than by what they that they are Wiling 10 pay
In just cited the court went on to say tnat every use
TO which the property adapted and could be by intending
purchasers should be taken into consideration In assessing the
value
In land condemnation proceeding, reported IN H. ~ o.
Worcester Mass 80 the court said 1T would be entre
proper for the in deciding the case what were w
pnrpose to which it he an) naturally adapted if
there was what that purpose for which 1t was
naturally adapted What the to which 1t might
properv be apped2 It for the to view OF such
se or ses what the fair value of the property
In holding of value adopted by the trial court was
erroneous the appellate court in Goodc." a. Cd"dt 20 81 az
1s St 1871 sad "he true value of anything what it is
worth applied its natural and legitimate uses-lts best
and most The estimate should have been OF It's
value generally and all and not for particular
and especially not inferior inappropriate use
When speak of the market value of property as beng
what purchasers generally would for it, we do not mean what
men would paw had particular object in in purcha
ing and definite plan the to which to put IT. The
has right its for the for which would bring