The Atlanta constitution., 1900-11-19
WEATHER REPORTS FIGURED.
COURT HELD THEY WOULD NOT
DO TO RELY ON.
Charleston Rice Dealer Sued To Re-
cover Loss of Lot of Rice Injured
by Water en- Wharf.

Charleston. = C., November 13.-tSpe-
oial)-In reversing the decision of the
United States district court of South
Carolina, i'm the appeal case of PorcAef
against the German steamship st. George
the United States Circuit court of appeals
at Richmond has made an important rui-
ing which deals with the correctness OF
the ofli,dal weather reports. BrleIy stat
ed. PUrcher "A rice dealer OF Charlestoh'
filed libel proceedings against the 81
George for damages 10 1,466 bags of rice
which had been shipped here from
Bremen. The rice was anloadel ON an
uncovered wharf and before ii was re-
iauN ed there Was a heavy tainidH Juuse
Brawley. of the district court, heard th-
case, and awarded damages. An appcdt
was taken to the higher court, ana 'hV
ruling from this court, IN citert, Is mat 1t
ship is not liable Tor a cargo aftar II ha9
been discharged. especially after due no.
tice was given of the time for unloadihs'
Throughout the trial great stress was
laid on the fact Of tho weather prediction
fIom the local bureau for the day OF july
23d, when the cargo WAS discharged. vi
that day the Weather prediction ~
/ Charleston was: Light showers. Win
probable moderate thunderstorm, toiioW-
ed 10y fair late in the day rms preuic-
tion was printed in morning paper anu
the usual circulars sent over the city, al
! though there WAS no proof mat II hdu
gone to the master of the 81. George.
According To the finding of the district
4 court. Ihc master was negligent IN land-
/ ing The rice in tn face ol thr"dteh'"
storm.
We are not prepared" says the circuit
court ot appcalS, TO CIV" thtSS lho"i1
tons oI the weather lc0u tnc chdi"Ct'4
L at lti - ntA
which SHAH consItIte ucshSehcr III any
OF the business rcauons oI me- wy
science oi Iorecaaung the Woather ha9
j OF reached the a. gree 81 cAaclhtSo WIN -
viii Justify the court in saying that Ahcu
in their everyday lNosauons, MhE'i
Stafarlng men or others, are bouhu ~
take uotce oI and bc guided by IT, 4o, ~
forecasts. auI mat il IS ncSiS eil'c mo-.
10 observe theu. The case D. oiHt en-
mere storms Of i,reat Nloleace ana "A,ei'e
sUcn as rIuenilE occur m our Ati'''-
ctaSt. ana where INFORMATION OF thelr eA
+ isttncc. course and the propdb.e tliue a.
which they Will rea n designated points,
is eiVen by tclegr tphic comm1nl 20 non
and by storm signals. winch, y pI'uSit'
To the notice OF tne master. or OF Wh'c't
IL is his iuty TO take coSnlzdhce, t'ca7
I he would be bound 90 observe
1t may be question td n there - diis
/ fhing of whici4 tho general public Is eN-
/ tected 10 take cogniz4ncc that is less re
I liable than are the daily weather Iote'aS.s
I tn which a Is accustJmc and Whlch ''
/ tr. N1lll lN IT'S dAkttAAiNil bN AAN - l't'tf
I tices and printed circulars. Mere We
disposed 10 give the weather forecasts lma
I weight allowed IN by the Instruct '"ul ' -
I tbFre il mo evidence that they We're
! bruught 10 the attention 81 the in'str''
F Further. ID the master WAS bound 20 Tan
notice of the weather rre"l't"lls' ~
sh,u uld only be held liable for not proNlu-
ing against the light showers predlcl.u'
a..fnst which as the record SHOWS, thc
t.rpaulins would have afforded surltieul
protection for the rice. aud dpt Zee reGul'
"a To provide against such an uheNp"S''''
e,,d navy 3nUupour of rain as thAt
Which did the damage, ana was hot pr
di,tcd by the local weather noute. A5'i,',
. tb, constance had equal opportunity. a.
th,. least. with the master 70 ahdcli!lte
thc storm. :le latter beii uhitqu'lh.,
,d with the English lansuaSc, tht recoIu
shoWiu.e that his deposition in this carc
was taken through au lnterpreter- IN "u'
yI,w. 10 district court should nave us
n issed th- libel ,,,,,.
The precipitation at Charleston .,.1 on july l'iE
2Sd. the day ihe rice w Gi''',,,o' rre-
Cicted los the bureau.