The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1912-03-13
FINAL AWARD
IS MADE IN BIG
DAMAGE CASE
JUDGE sPEER RENDERS DECREE
IN CASE AGAINST LOCAL
ToWBoAT COMPANY.
Total Award of $27,os6.1o is Made in
Marie Palmer Case-Tug at Fault
and Proportionate Damages Were
Decreed.

A decree was rendered Monday by
Juoge Emory Speer in the United
states district court confirming and
approving the report of Judge Paul E.
oeaDrook, special master in admiral
~ IN the case of Arthur C. CLANCY.
master and part owner of the schooner
MARIE Palmer ct al. versus the tug
Edgar F. Coney, ex-parte South At
Iantic Towing company, of this city,
which granted the owners Of the
schoner and cargo, the full amount
OF damages asked
The owners of the Marie Palmer
asked for $36,S00, with interest from
December 4, 1909, amounting to S.
S49.64, making a total of $42,649.64:
while the American Agricultural
chemical company, the owners of the
cargo, asked for $37,644.54, with in
terest from December 4, 1908, amount
ing to $5,9S3.99, making total of
$43,628.47.
AS the aggregate amounts of the
claims approved and confirmed by
Judge Speer exceeds the value of the
tug at the time of the loss of the
schooner, he DEGREES that compensa-
ton in full cannot be made to each
of the libellants, but that distribution
of the funds is ordered to be paid to
the libellants in the same proportion
which the aggregate of the claims
bears to the claim of each libellant.
Decree of the Court.
Under the decree Judge Speer
makes the following apportionment,
which shall bear interest at per
cent from date in addition to the re-
covery of full costs by the complain
ants from the tug company
The Marie Palmer ct al, owners of
the schooner Marie Palmer:
Claim as allowed by the
court $o6, ,SOU.OO
Interest from December a,
1909, to date at per cent 5,849.64
$42, 2,649.64
Proportion ..............$13,3S ,3S9.3S
To the American Agricultural
Chemical company, owner of the
cargo:
Claim as allowed by the
court ................... $37, ,644.54
Interest from Dec 4, 1909,
to date with per cent :. 5,983.93
$43,62S.47
Pre-. portion .$13 69e.72
The proportions allowed each com
pany make total of S27,0S61O, which
is the appraised value of the tug, $685.
900, and into est to date at the rate
of per cent.
Tug Wholly at Fault.
In the decree Judge Speer decided
that the tug was wholly at TAI. in
the less Of the schooner. but that the
loss vas done and occasioned VIII
out the privity or knowledge of the
owners of the tug, and that the lia-S
bility of the South Atlantic Towil2
company is, limited to the amount and
shall not exceed the value OF the tug,
with interest at per cent from the
date of the release of the vessel upon
its arrival in Brunswick The tug
was valued at $4,000.
The schooner loaded with phos-
phate, bound for Savannah, in 1908
but put into Beaufort, N. c., in an un-
sea worthy condition, having encoun-
tered several storms. She was taken
in Tow by the tug to be carried to
Savannah. While off Cape Fear light,
it is alleged that the tug mistook her
course and carried the schooner be-
tween the Cape Fear lighthouse and
the s.as buoy, instead of between the
gas LUCY and the lightship, thereby
running her on shoals The schooner
and cargo were total loss.
Limiting the Liability.
The tug filed a stipulation of $685.
600 to limit the liability under the act
of congress to that amount. This it
was held she had right to do. Op
hearing the evidence and the argu-
ments of opposing counsel, Judge
Speer found the tug at fault and re-
ferred the record to HON. Paul e.
seabrook,. as commissioner in admir-
altv To estimate the damages. When
the findings Of the commissioner were
made. exceptions were filed by the
proc.ors for the towing company.