The Pacific commercial advertiser., 1900-12-21
Wilder Steamship
Company Loses
Cases.
BLAMED
FOR COLLISION
The United States District Judss
Decides for the
Carson.

District Court rendered a decision
yesterday In the two admiralty
cases OF J. 8. Low against the
Wilder Steamship Company and
John PiItx against the same company.
Low as assignee sued for the value
OF the cargo Of the barkentine William
Carson sunk In collision with the
steamship Ciaudlne about a year ago
gnd Piltz, the captain OF the Carson,
sued for the value of his effects lost on
the Carson.
In both cases Judge Estee found
against the steamship company and
upheld the decision OF the lower court.
A decree was entered for s9.o5O. with
interest and costs. In Lows suit and
for u.1s2.so In Piitz's. PiItz had also
asked for the value Of his wife's ef-
fects but Judge Estee said that it did
not appear that Piltz had a right to
sue for her.
The decision in part Is as follows:
The foregoing two actions have been
tried together. one brought by J. s.
Low, as the assignee of the owners of
the cargo and of the freight of the
lbarkentine William Carson, alleged to
be valued at se.o5o. against the Wilder
steamship Company and the steamship
Claudine. to recover the said s9.050,
with costs.
The other action vs. brought by John
Filtz. former master of the barkentine
William. Carson, against the said libel
lees. the C1audine and the Wilder
steamship Company. to recover the
sim OF t2.tI4.30, alleged to be the value
of certain personal effects lost by him
on the barkentine William Carson when
she was sunk by collision with the
steamer Claudine.
by stipulation between counsel for
the respective parties. II was agreed
that the two actions might be consoli-
dated and tried together. as the most
of the testimony In both cases would
be substantially the same.
Il The barkentine William Carson, Cap
tain John Piltz commanding, owned by
George ". Hind and others, being ar
American vessel Of about 7s1 tons bur-
castle. ~. 8. w. and Honolulu. III. It
While coming down the Molokai chan.
mel. sailing free. her alleged course be
ing southwest. and going at the rate o
: between two and half and three knot,
: an hour, and being within twelve
niles Of Honolulu. on the evening o
the 9th Of December 1899. about s:i
o'clock p. m. the night being dark, ye
! clear. she was run into by the Claud
ire. n passenger and freight steame
sailing out of the port OF Honolulu, 10
the port Of Lahalna, on the Island O
Maui. The Claudine was moving a
the speed OF about ten knots an houl
l her general course being east three
Quarters south.
THAT the said Claudine struck N
NJ william Carson on the starboard bo'
near the cathead. from which collisio
the Carson was tipped over on ht
starboard side. thrown upon her bean
end. filled with water. sank and becan
n total loss. with her cargo. freight ar
AL personal effects on board.
j That thereafter the Wilder Steam
ship Company. the owner Of the Clau'
ine. bought the wreck OF the barker
tine at public sale for $3.50. and a ds
or two after the collision fastened
hawser TO her stern and towed h
stern first into or near the head OF q
= harbor OF Honolulu. where she vi
4 stripped Of her two after masts. h
sea The collision is admitted. Z
damage done is not seriously questio
n ed except as to the amount and val
y ot the articles lost by Captain Piltz
the Carson.
The single question then is. as to W
was In fault for the collision.
The allegations Of the pleadings up
this proposition are as follows:
The libeilant alleges In both cas-
that before and during the time VIII
said collision took place. the said w
liam Carson carried the lights pr
scribed by law, which lights at the til
of the said collision were brightly bur
40 ing and could have been seen by
said Ciaudine n she had kept prof
lookout for as much as two miles.
In sufficient time for said steamer
mr. avoid the collision
While the answer alleges In b6
M cases that the collision occurred "wh
~ through the fault OF the said bal
- entine William Carson. In that her ST
board light was improperly placed q
not visible from the steamer Claud
until such time as u was impossible
any maneuver 10 avoid a collision" !"
r The issue Is thus presented betwt
the libellants and the libellees as
which vessel was In fault for the CO
sion.
The william Carson was a sail
vessel: the Ciaudine was passenl
was coming into the port OF Honoll
and the latter going out of said pS
and ~ II claimed the William Car,
= was on southwest course. while
Ar Ciaudine was on n course east thr
quarters south. III this be true, nee
sarily they would cross each oths
course.
Al the trial Captain Piltz Of the c
sen. Nelson. the second officer of &
NJ ship. and Mcdonald. the man at
'N wheel. and In fact all those who W
on the deck OF the William Carson WI
~" the collision occurred swore positiv
that the ships course was southwe
This positive testimony OF the men v
must OF necessity know the facts II c
trndicted only by some sea capital
most Of whom testified In response
Hypothetical questions as to the q
the lights Of the two vessels might HI
been seen and how they were seen
(. the consequent course Of the ves
arising from supposed conditions.