The Savannah morning news., 1901-08-01
TO DIVIDE DAMAGE
spEER,s DECISION IN THE
LIBEL OF THE ITAsCA.
COURT HAD A HARD TIME
nrcIpING WHICH OF THE MANY
ITEMS SHOULD BE ALLOWED.

Was Made at inc ~
court. and only the Question OF
.,ount Remained TO Be Determtn-
Iudge Speer Had Held That
- EouIt for the Accident in
,,,L,oh the Dredge Was Sunk Was
wutuaI and That the Parties
g,Id Divide the LOss-Libelant
IN, Have Decree for $9,172.O1.
1,,ge Sheer has handed down his de-
IN the United States District
court in the case of Rittenhouse K.
Moore libelant, against the steamship
- THE decision amplif1es merely
~ which Judge Speer rendered at the
,aa, term of the court held in Savan-
h when he held that both the Itas-
"a and the dredge Alabama contrib
,,+od n the collision in which the lat
-. ,,,as sunk. and that the libelant and
~. owner of the Itasca, the Merchants
and Miners Transportation Company,
aho,,,d divide damages and costs equal
~ between them.
The dredge Alabama was sunk while
living in or just outside the channel OF
the Savannah river, between the city
and the sea, by the incoming Baltimore
liner Itasca. Judge Speer held when
the case was argued before him that
the Alabama was at fault in being so
close to the channel, in water which
rermitted the Itasca to collide with her
without touching bottom, and that the
1tasca was negligent in failing TO give
bAsd To the lights of the dredge, which
had been properly displayed. and in
steering course that made the COILS
ION nossible. He, therefore, decided
that after the damages resulting to the
dredge had been estimated and the
costs of the trial in court fixed, that
+he libelant should recover one of
the damages and pay one-half of the
costs. The case was again referred to
the commissioner, Mr.. T. p. Ravenel,
10 take further evidence and determine
inst what the amount of damage done
by the collision had been.
There was a long and tedious hearing
before the commissioner on this sub
iect of damages. The damage done in
volved repairs to the Alabama, the eX-
penses incurred in lifting her from the
horton
TO her owner resulting from long pc
riod of inforced idleness and very many
other items.
The commissioner filed a report, in
which he found that the damages done
the dredge amounted to 500 1882. This
was a considerable reduction from the
estimate of the libelant, which placed
these damages at $34, S9S.42. Exceptions
to the report of the commissioner were
filed by the proctors for both the libe-
liant and the claimant and these were
argued in eXtenso before Judge Speer.
After hearing arugment the court made
a close study of the multifarious items
,.ofrdamage alleged and denied and as
result of this careful scrutiny of all
the evidence now decides that the
damages amounted to $18,34403, of
which amount the libelant is directed
to enter a decree for one-half, or 49,
1720l.
Judge Speer summarizes the several
items of damages that he awards as
follows
For raising the dredge and ex-
penses incident thereto ....$ 1885 80
For cleaning and repairing
dredge, etc. .................. 9,511 Al
Demurage as reported by
commissioner and allowed
by the court ................. ,495 o.
Total ........... ..............$ SIS, 344 O3
In his opinion Judge Speer admits
that he had a good deal of trouble in
eXtrlcating from the mass of tesu-
mony what he regarded as the essen
uals Of the controversy and in arriv-
ing at fair adjustment of the rights
ana equities of the parties ct interest.
He says:
familiar rule for the ascertain
ment OF truth in the presence of ire
concllable conflict between witnesses
Tor the contending parties is to accept
the testimony of those witnesses who
nave the best opportunity of knowing
the facts to which they testify and
the least inducement from interest or
other cause to testify falsely. We have
the testimony of several witnesses of
thls character. They are Rourke, Av-
cry Frelberg and Ponder. The witness
Hourke is a member of the firm of
John Rourke & Son of Savannah,
NHich owns and operates a large es-
'dollshment for the repair of steam
vessels and particularly marine en-
slneS' The witness Rourke is general
manager OF this firm and has been en-
easeu IN repairing dredges and other
eoseis Tor mary years. If he has an
interest In the Gtcome of this case il
uoes not appear. Avery Is a practical
engineer, machinist dredge- boat cap
AN AN and builder of dredge- boats and
U.s. mas been master and engineer of
uredge. has had large experience,
tG"Ch Is set out in the evidence, and
also disinterested. Freiburg was a
Tiitness Tor libelant, and with Louis
"sslns, port warden, made a survey
q au examination of the dredge, last
.he from Sept 10 to 2S, while it was on
t, NV marine railway. Ponder is a prac-
W.. ~ machinist. He was employed by
moe Company to do this work
very and Rourke read over the testi-
nIony OF the witnesses for the libel
az o.r examined the bills of Kehoe and
~" ~ ollls relating to the machinery
work with great care, went TO Charles
~ ana inspected the dredge itself,
ina up an estimate of the cost of TAX
out the machinery after il was sub
ana gu cleaning 1t and putting it back.
wall u al necessary repairs. All of these
doro esSes agree that 1t might have been
reso lor the sum of $3.50 This Rourke
AS eus as very liberal estimate, and
evo,,!g. states that this amount covered
taLiSthlng, including breakages, and
cbinns apart and putting together ma
nortesS, etc. This testimony is sup
ana ~ ny the survey made by Virgins
sa,i.SI elperg. In view of the very un-
tba Tory and indefinite character of
NbailpIool which the testimony of the
ite,,I witnesses affords upon the
chiraI involving the repairs to the ma
Keboa ana involved in the bills of
N