The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-07-25
Is GIVEN SMALL DAMAGES.
sCHWAM RECEIVERS AGAINST SHIP
MARION CHILCoTT.
Federal Cosrs Allows Hin 500 for
Intsrses by Assault and battery
On High s~as-May Held the v~s-
ser~A Novel Goure Decision.

A novel departure from the ordinary
course of the Federal court I'm admiralty
cases was made By Judge HsnfoFd yestsr-
day Ia deciding the SUIT Of Franz 5csSaErs.
a seaman. against the sAiP Marion tgsas-
colt ard H. r. Weesin and James Ia Wal
rem. respectively master and hfN mate OK
the vessel. In effect the court held tfaas
In certain aggravated cases os assault and
battery on high seas the snip herself may
bs held fer damages.
auhwara iisesi libel against the ship and
also against fhe officers. claiming s1sYo
damages on account OF permanent injuries
alleged TO hare been received by him on
the aigh seas az the hands OF the nrst
mate. lie alleged that that officer nad re-
peatesiiy assaulted and beaten him without
pruyocatson and that the MASTER had ae-
guessed ia tas mates brutality.
Judge Hanfyrd In settling the piead'ngs
In the case held that Schsau could not
recover personal damages fr0n the de-
PENDANTS weedin and Warren, but heard
evidence as 10 his right 10 recover from
sse owners of the ship and 20 haye lien
oa the ship for the amount of the recovery
Yesterday he handed down an opinion IN
the case Awarding Schwam 100
Ia The opinion the court says that y IL
satisfied that Sehwam suffered frequent
corporal punishment Ak the hands OF MAZE
Warren. and that in all except the first
Instance the pansssmsnf was unnecessary
aud unItxtiaahie IL further hnis that
when he shlp arrived on Puget saond and
scssssm was discharged he VAS in ii sad
conditsen of health and was forced 20 80
To the marine hospital for treatment. But
the court does MOI ind anything IN tas evil
arGGs upon which 70 base a 8nataS that
eeaaaAlss Injuries VIII prove permanent,
Continuing fhe court administers a Sc
we're rehake to sehwasn- II says that the
latter ou the witness stand was shown 10
be- an untrusnfli witness and TO have
exaggerated grossly tie extent and char
acter Of hts Injuries ard tha Ill tTeatfustst
Of his superior officer. Parenthe,icaiiy
the court observes tslat the testimony -
Sshwanfs injuries were altogether due 10
this tn treatment.
Referring to the large amount Of DAM
axes asked BY sehwam the court says: AN
sxorbltans demand increases the expense
and burden Of litigation and "a party re-
qlsances hy having the recovery pared
down Having this pstnciple in mind |
shall award only small quantity OF dam
ages herein"
J'aen The court states It's position on the
right Of Sshwan 10 recover damages from
the vessel The sixteenth rule in admiralty
aays the court. Is bar TO suit by q
seaman 10 recover damages for assault by
Officers Of the ship. But IN this particli-
lar case the ownera OF the vessel neglect
cd their duty toward the seaman hy allow
ing through their agent the master OF t9ae
vessel. a continuation OF the mates brutal
treatment ug SeGwaui. This. the court
holds. Il was the duty OF the master 70
prevent.
In closing the court SAYS that il il not
prepared depart from the rule Of limited
liability, baf that the Fuie is not applicable
where fhe negligence az the owners and
sheFr agent. me master amounts 20 a
breach OF their duty toward the seaman.