The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-26
.CLAUD|NE
MUST PAY
Barkentine Carson Wins
Suit.
SUPREME COURT DECISION
Held That the Steamships Mate was
Grossly Negligent--Court
News.

last winter. The Supreme Court yes
terday affirmed the Judgment of the
circuit Court whereby a verdict for
damages of over $4,000 was awarded to
the owners of the Carson for the loss
due TO her sinking by the collision with
the Claudine
The title of the case was George u.
Hind ct al against Wilder's Steamship
\ Company and il has been in the courts
/ for che past nine or ten months. The
| opinion of the Supreme Court is writ
ten by Justice Perry and concurred in
by Chief Justice Frear and Justice Gal
braith. The principal point whereby
the defendants attempted to extenuate
the accident. was that the collision was
due to the failure of the Carson to com
ply with the law as to placing her side
\ lights; that her starboard light was in
visible to the Claudine and that in con-
/ sequence thereof the officer in charge
of the Claudine was misled into the be-
lief until II was too late to avoid the
collision. that the Carson was a steam
ship at considerable distance away
and that there was ample sea-room TO
avoid her.
The evidence showed that the lights
L
vessel as required by law. which pro-
vides for their location so that they will
shine at all times two points abaft the
beam to straight ahead. They were
located on the rigging of the spanker
mast so that when the ship was sail
ing with square yards and booms and
sails we'll over the side, there was a
certain angle from straight ahead out
I l.
obscured.
/ Judge Perry goes deeply into the evil
dence in the case reviewing all the
facts, how the man on the bridge of the
/ Claudine repeatedly left the bridge
| with no one in charge there and went
below TO speak to the captain, and de-
voting considerable space to the ques-
ton OF the course followed by the Car
sou at the time of the collision which
had important bearing on the matter
as by 1t it could be determined whether
her lights would have been visible on
the Claudine.
we are forced to the conclusion.
says the opinion, that had McNeill
(the mattel remained continuously at
his post instead Of leaving it to call the
captain, he would have realized the
situation sooner and need have had nc
difficulty in, keeping out of the way
He showed gross negligence and incom-
potency in twice leaving his post under
the circumstances. AS remarked by
the trial judge from his whole testi-
mony IL is apparent that he was either
recklessly careless of the significance
of a moving light at sea or so wanting
In his ability to manage ship that h'
failed TO do his duty"
These general points of law are laiC
down by the court: THE general rul'
" that when steamship and sailing
vessel approach each other at sea, IL !:
the duty of the steamship to keep on
of the way of the other vessel, and IL
such case IL Is the duty of the sailing
vessel to keep her course. Possible ex
ceptions may arise, but the case at ba
Is not one of them.
In such a case. it is the duty of tn
steamship, from the moment the sail
/ ing vessel is seen to watch with tn
highest diligence her course and move
ments so as to be able to adopt sucl
timely measures OF precaution as VII
! necessarily prevent the two boats com
! ing into contact.
I'm "a case of collision, the fact tina
the lights Of the sailing vessel ,wer
not placed as required by law, will no
defeat the recovery by her owners 10
her loss. II such misplacing of the light
did not in any way contribute TO Tn
collision and the same was caused b
the negligence and Incompetence of IN
i officer in charge of the steamship.
The decree of the Circuit Court is al
armed except as to the sum of $3.50. tn
proceeds Of the sale of the wreck
Paul Neuniann represented the plain
tiffs and Kinney. Ballou & McClanaha
the defendants.
J ATTORNEY SCORED.
Attorney w. A. Henshall was give
a mild scoring by Judge Humphrey
Yesterday afternoon for failing TO al
pear in time to prevent arguments
the Kamalo case. Judge Humphrey
announced what his decision was TO
in that matter last Monday but ne asi
ed for authorities as to certain item
and arguments were to be presented
o'clock yesterday afternoon by NJ
HenshaII. Two o'clock came ana u
attorney did not appear while one
his colleagues announced that he Wa
expected to arrive at any moment
70 long hour rolled by and by that TIN
Judge Humphreys temper was SOM
what frayed and he told Mr.. Hensha
when he did come that when matter
were set for a certain time IL was NJ
meant by the court that they shou
be held for an hour or more.
The counsel for the defendant ma
not presented. as had been requeste
y. by the court. the authorities relied
by them in their side Of the case an
Judge Humphreys announced that j
had not received the help desired
any respect.
WAS rs AWAY.
owing to the absence of J. Nj. viva
ON the Island Of Hawaii, where he
= resting and regaining inis health aft
his recent attack Of paralysis. NJ.
snva. In an affidavit which he filed we
II ~ fata n