Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-11-04
GET LESS WRECKAGE
THE MERRITT CoMPASy's CLAIM
AGAINST HAxBY CUT DOWN.
CIRCUIT COURT or APPEALS CASES.
Decree in strcat VIZ. American To-
bacco Company, from This City,
Observation-Disclosures of Long and
short Haut-other Causes.

siding. Opinions were handed down IN
six cases. several of which are Of con-
siderable Importance. The case OF most
interest TO virginians was probably that
OF Steamship Haxby. appellant, against
Merritts wrecking Organization, wei
known Norfolk concern, appellee. which
appeal was from the District Court OF
the Eastern District of Virginia, at Nor
folk. In his opinion Judge Con re-
yersed the lower court and remanded the
case for a dismissal of the bill. in ac-
cordance with the decision Of the Circuit
Court of Appeals. In this opinion the
wreckage company is allowed SlS,ee5Vs
instead OF $1,000 as was the finding OF
the lower court.
This case is one full OF interest, since
1t deals most extensively with the ques-
ton of salvage for aid rendered to
stranded or wrecked vessels. On the
night Of January Is. 1897, the steamship
Haxby went ashore abreast OF Dam Neck
Life-Saving Station, on the Eastern Shore
of Virginia. and the Merritts Wrecking
Organization went TO her aid, ana AFTER
working on her for two days, got her into
the dry-docks at Newport News The
latter put in a claim for $4,000 for the
services rendered which was not paid, the
masters of the Haxby contending that the
risks taken by the salvors were not as
great as they alleged. and that much OF
the injury done TO the Haxby was done
after the wreclting company arrived upon
the scene and commenced its work OF
rescue. They also claimed that there
was practically no danger to the crew OF
the steamship, as it was stranded very
close to the shore and within full sight
of the life-saving station.
RULING OF THE COURT.
The court, after discussing the law and
equities bearing upon such cases. con
sidering the degree of danger to life and
property, to which we have already al
luded and the value Of the property
saved which we have found 10 be SlOO,OoO
Keeping in view the value of the property
used by the salvors, the risk to II, the
number of men employed by them, the
| time of their employment, and the skill
shown by them, we are of opinion that
an allowance of one sixth of the value
Of the property saved will be, under the
| circumstances of this case fair TO the
salvors and just TO the owners OF the
ship and therefore we find the sum due
Merritt's Wrecking Organization, the
the steamship Haxby, to be sl6,666.66,
| instead of the sum of $4,000, allowed in
| the decree of the court below. The de-
cree appealed from is modified, as indi-
Gated and this case is remanded TO the
| District Court Of the United States for
| the Eastern District of Virginia. with
| instructions to proceed in accordance with
| this opinion"
A RICHMOND CASE.
Another very interesting case decided
| was that of the American Tobacco CONS
pany. appellant, against Thomas Streat
/ appellee, which was an appeal from the
| Circuit Court of the Eastern District OF
| Virginia. This case grew out or what
| the appellee claimed was an infringement
| by Philip Whitlock, assignor TO the
| American Tobacco Company, of patent
secured by Streat in 1888 for device 10
| be used in the rolling and packing OF
| cigarettes. The lower court decided that
| Streat's patent was valid and that the
| Whitlock device was an infringement.
The Circuit Court of Appeals, in Judge
| COTS opinion. says that the lower court
| is right as to Streat's patent being valid,
but states that the other is not an IN
fringement. The decree referred TO Is,
| therefore. reversed, and the cause Is re-
manded to the court from whence II
came. with instructions to dismiss the
| compliments bill.
LONG AND SHORT HAULS.
The case of Henry w. Behlmer appel
liant, against the Louisville and NashViile
Railroad Company and others, appeilees,
was reversed and remanded in this court
Yesterday, Judge Goff delivering the opin-
ion. The question in this controversy was
the order of the Interstate Commerce
Commission that the appellees should
abstain from charging and collecting any
greater compensation for the Transports
ton of hay and other commodities from
Memphis. Tenn, to Summerville. S. c..
than the contemporaneous rates charged
between Memphis and Charleston. This
order was the result of petition filed BY
| Behlmer The matter was taken by th'
railroad companies to the Circuit Cour
| Of the United States for the District o.
South Carolina. The defendants claimed
that the rate from Memphis TO Charles
ton on hay was forced upon their lines
by existing water competition as well al
by other additional competition beyond
their control An injunction was gotteI
out in this court restraining the railroad
from violations of the order Of the Ran
way Commission until the further orde
Of the court. This order was finally dis
solved and the bill dismissed. The petl
: toner then appealed his case to the Cir
cult Court of Appeals.
G Judge Goff, after treating the question
( involved in the case at great length, con
A cludes by saying that the lower cour
erred in dismssing the bill, and the cas-
Is remanded for a decree therein requirin
the appellees TO desist from charging an
greater compensation in the aggregat
for the transportation OF other com
i, modities carried by them under the cir
cumstances and conditions of those sc
= out in the petition in this cause frof
. Memphis to Summerville, s. c.. than tn
,. coptemporaneous rate from Memphis I
@ Charleston.
r, Judge Morris, one of the jurists in IN
y case, rendered dissenting opinion, holc
= ing that the conditions were such as I
warrant the charging of a greater freigf
N rate to Summerville than 10 Charleston
n Il having been shown that great los
n would result to the South Carolina an
e Georgia railroad, one of the lines owe
II which the hay would be hauled. II II wa
y required to conform its local rates to II
n share of the through rates.
OTHER CASES DECIDED.
u No. IFS. Interstate Commerce Com
M mission, appellant. VS.. Northeaster
a Railroad Company. of South Carolina
'e AL, appellees. Appeal from Circul
p Court OF South Carolina, at Charleston
y Opinion by Judge Con-. Affirmed.
y No. 1874 Ella s. Tunstall. adminstra
as trix of Lewis Tunstall, deceased. plair
D. tiff i'm error. VS.. Richmond and Danviil
N Railroad Company and Asheville an
e, Spartenburg Railroad Company, defen1
[N.t.x