The Portland daily press., 1898-12-26

Two OF Them Entered HI THE N%-s
Nathan Cohen and Edward L. Baker
the Plaintiffs.
Ever since the loss of the steamer Fort-
land there has been much taiK abouo
suits against the Portland obeam-
ship company to recover damages oy the
heirs of those lost on the lli-iaueo
steamer. Saturday the first OF these suits
was brought.
In the afternoon the papers in sui t
brought by William "a. Looney, ESQ.,,
attorney for Edward L. Baker, admin
istrator of the estate of Beuiah NJ. Baker,
were served on General Manager Lisconb
of tho Portland Steamship company
This suit was for $4,000 The writ is
quite long and after reciting the facts in
relation to the loss of the Portland
charges the company with carelessness in
allowing the Portland to sail from Bos.
ton in the face of the storm when they
knew the storm was threatening, in not
providing boat suitable for the
exigencies of the service and in allowing
the steamer Portland to go to sea i'm
properly differed. manned and equipped.
This suit is returnable at the April term
of the Supreme court.
Mr.. Edward L. Baker, who brings this
suit, lost his wife, Mrs. Beulah Moseley
Baker, on the Portland. Mrs. Baker and
hwldaughter, Miss Harriet A. Baker,
were in Boston for Thanksgiving week.
They were accompanied by Miss Emily L.
Cobb. On that fatal Saturday night Mrs
Baker and Miss Cobb took the Portland
to return home but Miss Baker did not
accompany them. Mrs. Baker was Miss
Beulah Moseley before her marriage to
Mr.. Baker. She was sister OF Mr..
Frank L. Moseley of this city. Mrs.
Baker left two children, Miss Harriet A.
Baker, teacher in the Chestnut street
school, and son Irving, who is student
at the Portland High school. MIR. Baker
is a carpenter and lives at Sumner
court.
Among the victims Of the Portland
was Solomon Cohen, a young man, the
son of Nathan Cohen, a junk dealer of
this city. There is no doubt as to the
presence of the young man among the
Portlaud's passengers. for his body was
one of the first recovered and was identi
fed by his father at the undertaking
rooms at Orleans. Mass. The father,
Nathan Cohen, who is also the admins
traitor of the estate of his son, has now
brought suit against the company. He
seeks to recover damages in the sum of
IS, 600. Samuel L. Bates, Esq.,, is counsel
for Mr. Cohen. The writ was served on
General Manager Liscomb of the steam
ship company by Deputy Sheriff Dresser,
Saturday morning. 1t includes general
charge Of negligence against the steam
ship company. 1t states that the com :
pany was at fault in letting the steamer
sail at all upon such night, that she
was lot properly equipped or manned.
that shs was unfit for a winter service be-
tween Boston and Portland, that The
United States statutes had not been COM
piled with and that these defects were
within the knowledge of the defendant
corporation.
The story of the wreck is outlined in
the writ, and the various points that have
since been brought up, concerning life
preservers, RATS, boats, etc., are touched
upon at some length.
The writ, which contains three counts,
is returnable at the February term of the
Superior court. The claim is based upon
the following statutes: Chapter 70, SEQ
tion 6, of the Public Laws Of 1882 says:
'sTf the life of passenger Is lost by rea-
son of the negligence or carelessness of
the proprietor or proprietors of steam
boat or stage coach. OF common carrier
of passengers, or by the unfitness or gross
negligence or carelessness of their SER
wants or agents, such proprietor or pro-
prietorS and common carriers shall be
liable in damages not exceeding five
thousand nor less than five hundred dol
lars, to bs assessed with reference to the
decres of culpability of the proprietor or
proprietors or common carriers liable, or
of their servants or agents, and recovered
in an action of tort, commenced within
one year from the injury causing the
death, by the executor or administrator
of the deceased persons, for the use of the
widow and children of the deceased in
equal moneys, or, If there are no chill
dren, to the use of the widow, or, If no
widow, to the use of the next of KIM"
Chapter 124 of the Maine laws for 1891
reads:
Whenever the death of a person shall
be caused by a wrongful act, neglect or
default, and the act, neglect or default
is such as would il death had not
ensued. have entitled the party injured TO
maintain an action and recover damages
In respect thereof, then, and in every such
case the person who. or the corporation
which would have been liable il death
lad not ensued. shall be liable to an ac-
tien for damages"
The Massachusetts, law reads:
Whenever damage is sustained by any
passenger or his baggage. from explosion.
lire, collision. or other cause, the master
and the owner of such vessel or either of
them, and the vessel shall he liable to
each and every person, SO injured, to the
full amount of damage if it happens
through any neglect of failure to comply
with the provisions of this title, or
through known defects or imperfections
of the steamings apparatus or of the
hull.
The defense in this suit will probably
be made in the United States court
under the limited liability act. Pro-
ceedings will be taken to transfer the
Ga IA from the state cOurtS to the United