The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-05-27
AGAINST THE RIPoN CITY.
w. w. Wilson Given a Verdict by
Judge Speer for 1000.


Judge speer rendered his decision yester-
day In The case of w. w. Wilson, against
the steamship Ripon City, which was ar
gued before him some time ago. The decis-
ion holds that the libel was well founded
and that the lhellant is entitled to recover
certain damages. A judgement was ac-
cordingly given against the Ripon City, its
owners, Neil, Mclean & Co., and ]. f..
Minis, the surety on the appeal bond, for
81 co., with interest from Dec 10, 1896.
The steamer Ripon City was chartered
in the fall of 1896 by w. w. Wilson to load
cotton at Savannah for Reval. After TAX
ing on her cargo of cotton here, and go
ing to sea the cargo was discovered on
fire and the vessel put back to Savannah
in distress. The evidence showed that the
condition Of the vessel was quite serious.
on arriving at Savannah the master of
the vessel placed her in charge of j. F.
Minis & Co., who acted promptly and ex-
peditious1y, saving the vessel from extor-
Uonate charges by the tugs and otherwise
protecting the owners interests.
Mr.. Wilson was at this time in Phila-
delphia, but learning indirectly of the mis-
hap to the Ripon City he returned to Sa-
vannah and demanded that he be given
charge of her as was his right under his
charter with the owners. Although in.
structed by the owners to place the vessel
in the care of Mr.. Wilson, the captain re-
fused to do so and Minis & Co. also refus-
ed TO surrender the charge of the vessel
when demanded by Mr. Wilson. The result
was that the vessel remained in charge of
Minis & Co., until her second departure
and that they received pay for their SER
vices from the owners a the usual rates,
the compensation being 50, 500.
Mr. Wilson's charter included what is
known as the general average clause. Civ
ing to the charterer control of the vessel
and cargo at all times and under all cir
cumstances until the delivery of the cargo
at the roint OF destination Under this
clause MIR. Wilson held that he was en-
tilted to the fees which he would have
received as the agent of the vessel on her
return 10 the port of departure, because
of the fire aboard, but which had been
paid to Minis & Co. He accordingly lbeled
the vessel for ihe full amount
Judge Speer, in rendering his decision.
sustained the libel, but held that as under
the law large discretion is vested in the
master OF vessel in cases of emergency.
he was justified, in the absence of Mr..
Wilson, in securing the services of Minis
& Co. The latter having discharged their
duties in a proper and satisfactory man
ner were entitled TO compensation, but the
'charterer having returned and having de-
manded the charge of the vessel his
rights being superior the judge he'd thai
the vessel should have been surrendered
to his charge. This being the case, he held
that Mr. Wilson, as libelant, was entitled
TO such portion of the compensation as he
would have earned had the vessel been
given into his charge at the time of his
demand. This the court estimated at two
hfths and the total amount paid for such
services having been $500. two-hfths Of
this amount, or $1,000, was awarded Mr..
Wilson.
In rendering his decision Judge Sheer
discussed the law bearing upon the case
in very interesting manner referring to
a number of decisions rendered by the late
Justice Story and others in admiralty
cases where Similar questions we're in
volved.
Garrard, Meldrim & Newman were proc
tors for the libellant. and Charlton, Mack
all & Anderson for the claimant.