The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-11-15
METEOROLOGY IN COURT
Interesting Decision in Regard to
Weather Forecasts.
Federal Tribunal Declares THAT Pre-
dietions Are Very UnreIinbIe-aIar-
liners Not Responsible for Failing
TO Observe Them Except in the
Matter Of welI-Defued storms

CHARLESTON, 5. G.. NoY. 15--The
United States Circuit Court Of Appeals
has decided that mariners are not respon-
sible for damages growing out OF failure
to observe the Government weather fore
casts, with possible exception N the
case of weI-deilned storms travelling IN
given direction The opinion was given
in Richmond. Va, and copies have been
received here by the principals.
Mr. Poreher. a rice dealer Of Charles
ton. fled proceedings against the St.
George for damages to 1865 bags OF rice
which had been shipped here from Bre-
men The rice was unloaded on an IN
covered wharf and before it was removed
there WAS a heavy rainfall Judge Draw
ley, of the District Court. heard the case
and awarded dmages An appeal was
taken.
The precipitation at Charleston on July
%. the day the rice was unloaded. was
I6o inches. Light showers had been
predicted by the bureau. According 10
the finding of the District Court the mas
ter was negligent in landing the rice IN
the face Of threatened storm.
we are not prepared. says the Cir
cult Court Of Appeals. to give these pre-
dictions of the Weather Bureau the char
acter Of established facts. the failure to
observe which shall constitute negligence
in any OF the business relations OF life
The science of foreeasting the weather
has not reached the degree Of exactness
which will justify the court in saying that
men in their everyday YocatiOns, WHISTLER
seafaring men or others, are bound 20 take
notice of and be guided by its local fo-e-
casts and that it is negligent not 20 OBJ
serve them.
The case is different where storms Of
great violence and extent occur on our
Atlantic coast and where information OF
their existence, course, and the probable
time a which they will reach designated
points Is given By Telegraphie cOInmu1tcd-
ton and by storm signals II these are
brought 10 the notice OF the master or Il
is his duty TO take cognizanee OF them ne
would be bound to observe Lhem-
''It may be questioned If there Is any
thiEE Of which the general public Is ex-
pscted to take cognizance that is less re-
liable than are the daily weather forecasts
to which 1t is accustomed.
Were We disposed 10 give the weae her
forecasts The weight allowed them by the
District Court there is no evidence that
they were brought TO the attention O. the
master Further. If the master WAS bound
10 take notice Of the weather predictions
he should only he held liable for not pro-
yidfng against the light showers predicted.
against which, as the record shows. the
iafpaulins would have Afforded sufficient
protection for the rice, aI.i not be required
10 pEoride against such an unexpected and
heavy downE-auT OF rain as that which did
the damage and was not predicted by the
local weather notice.
Again. the eonsjgnee had equal oppor-
tURiIy. at the least, with the master TO
anticipate the storm the latter being IN
acquainted win the English language the
record showing that his deposition IL this
case was taken through an Interpreter IN
cur view the District Court should have
dismissed the libel