The Wilmington morning star., 1945-12-30
SEVERANCE LOSS
GOES TO MASTER

n SpCCld1 IlIdStCl W Ue dppOIlAeSN
by Judge Don Gillian will de-
termine the amount of damages to
be paid owners of the S. S. Sever
ance and its cargo of sulphur, lost
in the Cape Fear river here Nov.
%, 1910, the U. S. District Court
of Appeals, Richmond, Va, ruled
this past week.
Time and place of the hearing
will be determined by Judge Gil
liam, but legal precedent calls for
the hearing to be in the court OF
origin, in this instance, Whining
ton, attorneys here pointed out last
night. ...
R. R. Stone, head of Stone Tow
ing Line, has been adjudged solely
responsible for the loss of the
Severance, a 1o,Oo0-ton ship valued
at $3.50 and its cargo of 5000
tons of sulphur valued at $780,
600, according to a decision hand
ed down by the Circuit Court of
Appeals.
The Circuit Court decision, made
Dec. q, reversed an earlier, lower
court ruling by Judge I. M. Meek
ms, in the U. S. District court here
that Stone was not responsible for
the loss of the ship. its cargo, and
damage to the drawbridge. Judge
EMeekins' decision was announced
on May %, 1914.
Followed keenly by marine at
torneys and the shipping industry,
the case attracted wide attention
during the course of its litigation
in the courts.
Plaintiffs in the litigation, which
began after the Severance sank off
| the rocks in the Northwest branch
of the Cape Fear river near the
drawbridge, include owners of the
Severance, Diamond Steamship
Transportation corporation CT Mas
sachusetts, suing for $4,000; Tex.
as Gulf Sulphur company, Inc,
owners of the sulphur cargo, suing
for 500, 1000; and the North Caro-
lima State Highway and Public
Works commission, suing fol
$3.50 for damages done to the
tenders of the drawbridge wher
the Severance sank.
Loaded With Sulphur
According to court records, the
Severance, loaded with sulphur
was proceeding from the anchor.
age basin in the Cape Fear river
up the Northwest branch, destined
for Armour Fertilizer works al
Navassa.
Captain Fred G. Dosher, regular
pilot and docking master of Stone
Towing Line, was plotting the
Severance which had the tug,
Stone No. 6, on a line ahead as.
sisting. Court testimony indicated
that freshet conditions prevailed al
the time, because 600 feet from the
drawbridge the steamship sudden
ly sheered to port, piled up on
rocks outside the channel, smash
ed into the drawbridge tenders.
and sank. She went down imme-
diately, a hole five by 20 feet in
her hull.
The Severance was salvaged
from the Cape Fear and sent to
Norfolk, Va, for repairs which
were accomplished by the firm Of
Merritt Chapman-Scott, New York
City. Shortly thereafter, the plain
tiffs in the action filed their
claims.
R. R. Stone filed a petition ir
the Admiralty court for exonera
ton from all liability to all three
of the plaintiffs. AS an alternative
Stone requested that his liability
be limited to the value of tug
Stone No. 6. estimated to be 81, 500
Judge Meekins ruled in favor o.
Stone, his decision stating thai
Stone could not be held respon
sible.
Although the State Highway anc
Public Works commission did MOI
appeal the Meekins' decision, own
ers of the Severance and owners Of
the cargo appealed and sent the
case into the higher court with the
resultant Circuit Court decis: or
Dec. q.
The case now has been returned
to the District court here for ap-
pointment of Master to de-
termine solely the question OF
damages to the vessel and her
cargo.
The owners of the cargo were
represented by Thomas H. Middle
ton. of the New York firm of Hill,
Rivkins and Middleton; the owners
of the Severance were represented
by G. ]. McKernan of the New
York firm of Macklin, Brown,
Lenahan and Speer, and George
Rountree, Jr., Of the Wilmington
firm of Rountree and Rountree. r.
R. Stone was represented by John
W. CAST, Jr., of Norfolk, and Muir
ray G.. James of the Wilmington
firm of Carr, James and Carr. The
State Highway and Public Works
commission was represented by
Charles Ross, general counsel for
the State Highway and Public
Works commission and I. C. Wright