The Bryan daily eagle. (Bryan, Tex.) 1895-1898, 1897-06-02
IMPORTANT DECISION.
Steamers Not Responsible For safe.
ty Of Barge In Storm.
CASE OF NATIONAL REPUTB.
United States supreme Court Decides .
Steamer Towing Bargos Has
Right 60 Desert Them whore
tho ship L. In Danger

Cleveland. Ohio. juno L. After being
bitterly fought step by step through
the courts for nearly a score OF years
a decision has been handed down lu
the court Of last resort. the United
states supreme court in the caro OF the
owners OF the bargos Eldorado. Geo. w
Wesley and Bay City. against the own-
ors Of the steamer j. D. Donaldson.
The court held that when steamer ia
compelled 90 desert her tow in d
storm for self preservation. she cannot
be held liable for any general average
loss sustained by the tow. This estab.
fishes a valuable precedent and The
case has attracted widespread attan-
tion. u has attained a national re1ute.
The events which led up 90 the orig
tnal suit were aB follows In Novem.
bor 1850 the steamer j. %. Donaldson
leit Bunalo with three bsrgos ln tow.
The Eldoudo. George Vs. Wesley and
Bay City A storm was encountered
on Lake Erie and despite the efforts
OF The steamer. she aud her tows werr
being rapidly driven toward ths south
shore Of tho lake The steamer az.
tempted 70 make Erie Cor shalter bYt
az q point below that port lt became
evident that the steamer with her com.
sorts could not got inside of me bar.
Dor and after struggling for a lare
time the tow line was cut asal1e. %.
sort In consequence the barge. were
driven ashore. while the steamer m-s,
Erie Ia safety.
suit was commenced a, Detroit b,
the owners OF the barccs 90 r.e8.,r
damages. which 10 the argrsrrte vsr,
liked at about $4,000. and ths caas va.
heard before Justice Brown OF tbe u.
preme court, who was then "a t-Bt.f
states district Judge The owBsrs u,
TIE bargos claimed tha, tle rs,m.,
was negligent DO not keeping ,ba y..s.,
on Tie shore and that. % not rsrlirsB,
'hen' having sacrificed the t5us no. bs,
Own safety she was ut least f.stf. b.
max contribution On the general svr-
sse 'ne same as u she had lettF8red
heI cargo that ls thrown % orsrtolrs
20 save herself
justice Brown decided b4t t..r,
was no neglect and also ruled .f,.-.,.
" IN the claim Tor general ate-srs
ht case was appealed i0 the UrIfaf
STATES circuit court and heard le..-.
'ne late Justice Matthew who rrrr,
ca the decision of the Iistr'e, rr.r, =.
20 the question OF uCrI.rrrr. Irf -.
,efs'd on thc other ground and bel.
lhat the owners of tho blie. u.r. ~.
uiled % general average.
lhls decIsun ly ifs novelty ..fr-.t.4
efe1t deal of attention TIr.ue .t.
case was appealed 90 tha UH.t.I s,.t..
circuit court ~ appeals 40 Cia-.rr.t.
Out THIS cnlrt un account rf fh. ~.
culiafiiy of thc decision of tha rIra..I.
Judge deemed 10 advisable f5 h,y. IL. /
matter determined ty the err-.-,.
court and certified un fi. r,,,..f-'.
whether there should Or rcrtrai In.
efage contribution between iha ow-.
eTs oi the steamer and her toVs urla,
thc circumstance mentioned Tbr Ia.
preme court decided ln the ro-.r.r.
reversing the decision of IrI-. tr.,
news and Affirming the original drei..
ION OF Judge Brown. that the law %.
general average o. confined d. .rrb
cases where o. voluntary rrfIrr. L.
made of some portion az the sbir d,
cargo. benefit of the residue ana b.,
no application to "a conU-c, ur t1wara /