Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-06-01
LIABILITY OF STEAMERS.
A Vessel Compiled TO Abandon Tow
Not Responsible For II.
Establishing u Valuable
Precedent.

CLEVELAND, o., June /. - After
being bitterly fought step by step
through the courts for nearly score /,
yeats, a decision has been handed
dow II In the court OF last resort, the
United States Supreme court, in the
Gaze OF the owners OF the barges Eldo-
RADIO, George Wesley and Bay City.
against the owners OF the steamer J.
b. Donaldson. The court held that
wnen n steamer IL compelled to desert
her tow In u storm Tor self preservation
abe cannot be he'd lieole Tor any gen.
erHl average loss sustained by the tow,
This estAblisnes o valuable PRECEDENT,
anu the cast has attracted widespread
| attention. has attained national
| Iel ute.
The events which led up TO the
original suit were rs iollowt:
In November, 1880, the steamer J.
b. Donaldson lett Buffalo with the
barg.s In tow, ths Eiuorado, George
w. Wesley ami Bay City. A stor IN
was encountered Oh Lake Erie ana
despite the Efforts Of the steamer she
ana her lows were being rapidly
driven toward the south shore OF the
lake. The steamer attempted to make
Erie for shelter, but at point tie ow
that port 1t became evident that the
steamer with her c1nsorts could not
get inside OF the harbor and after
struggling for long time the tow line
was out rs last resort. In couse-
quence, the barges were driven ashore,
while the steamer made Erie In safety.
Suit wac commenced at Dslroit by
the owners OF the baTges to recover
damages, which In the aggregate were
fixed at about $50, 900 aud the case was
heard before Justice Brown, OF the
Supreme court, VINO was then u nlted
Jiates district judge. This owners of
the bRrges claimed that the steamer
WAS negligent In not keeping the
vessels II the shore, AMI, II not nsgli.
gent, theD, having sacrihcsd the tows
for her own safely She was at least
liable to make contribution In the
general average, the same as II she hal
jettis0ned her cargo, that 10, thrown II
overheard to save heraelf.
Justics Brown decided that there
was NO neglect and also ruled adverse.
ly in the claim for general average.
The CAGE was appealed TO thu United
states circuit court, and heard before
the late Justice Matthews, VINO
affirmed the uecislon of the district
court as to the question Of negligence,
but reversed on the other ground, anu
held that the owners OF the barges
were entitled TO n general average
This decision by It's novelty, attracted
great deal OF attention. Finally the
case was appealed by the owners OF
tue Donaldson TO the United States cir
cult court oil appeals NJ Cincinnati, but
this curt, on account OF tue peculiar
ity Of tins decision OF the circuit Judge,
deemed It advisable to have the matter
determined by the Supreme Court and
certified up the question whether
here should be q general average con
tribulion between the owners OF the
steamer anu her lows under the cir.
oomstances mentioned. The Supreme
Court decided the question In the
negative, reversing the decision O I
JuJgo Matthews ami aflismlng the
original uecIsion OF JuLge Brown,
trat the law oil general average 10 con-
fined to such cases wnere voluntary
sacrifice is made OF some portion OF
tho snip or cargo Tor the benefit OF the
residup, anu has DO application to a
contract for towage.