The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-03-25
sARsLE ,sNess AND :NsoLloeNog'
Mrs. Frys's Answer 20 Portland Steam
ship Company's Petition.

Henry W. swasey. Esq. yesterday IN
the United States District court nieo an
answer to the libel or petisicn OF tne
Portland Steamship company In the cause
Of Limitation Of liability OWL and mari
time for his client Emma X. Frye who 10
sdpa,nistratrix of the estate OF Isaiah Frye
late Of Portland who was on the steamer
Portland as . passenger and was lost
vbsn that steamer went down In the
great gale Of Novembr last
In this answer the allegations In the
Portland Steamship oompany's libel In
the first and second article are admitted
to be true, but in the third article the
statement that the steamer when she
sailed was lig 3, staunch, strong and In
every way fully manned and equipped 10
denied.
mits that the steamer foundsred but de.
MES the allegations OF said article coa-
corning the occasion and circumstances
of the laundering.
she denies the allegations of the nth
article of the libel and has no knowledge
of the truth Of the sixth, seventh and
eighth and ninth articles.
She denies the right OF the Portland
Steamship company to the benetts and
limitations claimed In the tsnth article
OF said libel.
She AYERS that the loss of the Portland
WAS occasioned by the negligence OF the
officers of the corporation that Is to say:
'That with the priovity and knowledge
Of said corporation and its managing
officers and BY the act, default and negli-
gsnoe Of said officers said steamer was
nesligen tly and oarslessly allowed to start
from Boston and sail upon said voyage at
the time aforesaid, when and while SAID
officers had been and then and there were
duly informe d that there would be that
night q northeasterly storm with gales
and heavy and binding snow and ex.
tIsmsly dangerous conditions in which
said Storm said steamer was not nj 90
venture and sail.
That with the priovity and knowledge
of said corporation and Its managing ON.
GERS said steamer was neghgsntly ana
cArelessly allowed to start and sail a.
Aforesaid without being properly OH
csred, manned and equipped l. Q. The
first mate and first pilot OF said steamer
stayed ashore and did not start OF sail on
s Id steamer on said voyage. That said
corporation and It's managing officers had
knowledge that the captain OF said steam
or then and there was not qualified and
fit 10 navigate and sail on said voyage In
such Q storm rs was threatened and OF
which said officers had been forewnrnsd
and which came on, without the aid Of
the first pilot and first mate OF said
steamer and said steamer and said man.
aging off1cers Of said corporation then and
thsre nesligsntly allowed said steamer 10
start and sail upon said voyage without
said mate and pilot.
The answer then goes on to state that
the Portland was not seaworthy as her
engines were not of sufficient power and
she was 90 built above the main deck as
to have great and dangerous surface on
which to te acted by the wind and waves.
That these above statements are made
to the best of the knowledge and belief Of
said dministratrix are true at that at the
hearing In this case she will prove other
acts Of negli lenoe and crrelessness on the
lArt of the officers and crew Of said steam j.
sr and duly prove that the Portland was
unseaworthy.
The answer CLOSES with o statement that
the administratrix has flied q claim
against the Portland Steamship company
for 5000 for peouniary damages for the
loss Of life of the late Isaiah Frye and
prays that the petition of the Portland
Steamship co pany be denied.