The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-09-16
MRS. AlMY
WINS PART
Awarded $500 Against
Cotton Bros. & Co.
For House. Boat.

Eighteen hundred aud fifty dollars
with COSTS was awarded hy Judge san
ford h. Dole tu Mary h. Amy IN her
admiralty sui, against J.. j. Cotton, J.
b. Agassiz and G. T.. Cotton. co-pattncts
doing business under the firm name and
style OF Cotton Brothers X Co. The
claim was Tor $500 damages on account
OF the loss Of housc-boat. which was
wrecked ON the open sea while the
libellees were attempting to tow It from
Pearl harbor to the port of Honolulu on
August = 1903.
Careessness and negligence were al
legged against the libellees for the man
ner of towing the house-uoat. II having
been placed III tandem tow between the
tugboat and two laden scows, and for
careless and negligent selection of the
time i'll which the tow was attempted
relative to conditions OF wind and sea
then prevailing.
In their answer the libellees said they
leased the house-boat from the libellant
from January I, 1908. to July 20, 1908.
by written lease: that during all the
time mentioned in the libel II. n. Amy
husband OF the libellant. was i'll charge
and control of the housc-boat and acting
as her agent; that the value OF the house
boat was, up to August 4. 1908 $500;
that pursuant to their lease 1t became
their duty on July 20, 1908, to deliver the
house-boat to libellant at Pearl harbor,
and that she was notified of the termlna-
ton of the lease so that she might take
possession; that at such termination she
requested the libellees TO remove the
house-boat to Honolulu for her con-
venence; that thev agreed TO do so but
under the express stipulation that they
should not be responsible for any loss or
damage to the house-boat which might
occur during such removal, and that they
proceeded to remove the house-boat
from Pearl harbor to the port of Homo
lulu on August 4. 1903. They admit the
position of the house-boat in the tow as
complained, but allege due care and good
seamanship together with weather not
unfavorable, and they account thus for
the damage:
THAT when the tow was near to Ka-
lihi Channel the house-boat suddenly
went over on one side and thcreupon
the libellceS towcd the same into shall
low water and anchored her, and then
proceeded to Honolulu with the scows
and the persons who had been on the
that after reaching Homo
lulu the towing steamer returned to the
house-boat and lowed her to the port of
Honolulu; that the turning over of the
house-boat was not due to carelessness
or negligence on the part of the libellees,
but, as they were informed and believe,
was due to the fact that the house-boat
was not properly quilt into the scow but
was simply tackled thereto with ten penny
nails which became gradually loosened
from the rocking of the scow."
Judge Dole quotes the terms of the
lease including a condition that in case
of total loss of the house-boat they" (the
lessees) will pay to the lessor two
thousand five hundred dollars" He dis
cusses conflicting testimony as to wheth-
err or not there was an oral agreement
between the lessecs and Mr.. Amy that
the former would not be responsible for
accident in towing the craft to Homo
lulu. Expert testimony also conflicting
is reviewed on the questions OF seaman
ship, negligence and condition of the
house-boat when taken in tow. The
court is of the opinion, after citing au-
thorities on liabilities of towing, that
the accident was not unavoidable and
that the libellees failed in exercising the
care and caution which the circum-
stances reasonably required and that the
damage to the house-boat was due to
such failure From the evidence OF
witnesses for the libelees there is no
doubt i'll the courts mind that there
was a swell that made it obviously dan
gerous for the house-boat TO go to sea"
On the question of condition OF the
houseboat the court says:
"rhat the inherent weakness of the
houseboat was not such as to make it
unsafe to take her to sea under any con-
ditions is shown by the fact that she
was towed from Honolulu TO Pearl har-
Dor in the open sea by the libellees with
N year before the accident"
A decision in point is quoted where
it was held that the maritime skill and |
care thus called for is such as is reason
able in that service and under the con-
ditions such as may reasonably be de-
manded under the peculiar circumstances