Year: 1868

LIABILITIES OF COMMON CARRIERs-TOwAGE


In The United States Circuit Court, yester-
day. Judge Nelson gave decisions IN the following cases
LIABILITIES OF COMMON CARRIERs.-BenJamln Holiday
agt Thomas W. Keanard.-The plaintiff deposited with
the United states Express Company IN this CITY, pack
age OF SOOOO addressed 10 c. f. T.. Blakesley, Central
City Colorado and took receipt for the same, to be de


vered at nearest point OF destination reached by inc
Company only, which was Atehison Kansas, where 2
line OF stages commenced. called Holidays Overland
OF destination The stage while on us route was az
tackled by the Indians the 9TH January 1865 at Jules
burg stage Station, where there military post and
the stage plundered including the package OF
We have doubt the suit Is properly brought against
the defendant OF the line OF stages from Atchi
son. Kansas, as the contract OF the United states Ex
press Company discharged on the sale delivery OF
the PdSSHsI on9er 90 nT TespoSsbe according to ts
terms. On the receipt OF the package by the
defendants line contract was implied on behalf OF its
owner the plaintiff to carry 1t to It's place OF delivery
We do preceive. in the case the terms or conditions
ter on his line but the Court held that the carrier
not responsible for loss or damage by the pubic enemy
put the case to jury upon the question whether the
express agent who had special charge or the express
care and diligence IN the protection Of Immediately be-
fore and the OF the attack by the party OF Indians
SLOW that me had not obeyed the Instructions advice
given him by the commander OF the military post a Jules
burg In advance OF the attack and when was threat
ened, and that II he had the property might nave peen
placed in a situation where it would nave Deen
safe and would have been within the protection OF
the post The Jury found verdict for the plaintiff and
we are not inclined to disturb IL. New trial denied


Webb ct al, Ciamants-The libel was led in this case
aganst steamtug Webb for breach OF contract OF
towage having engaged TO tow the steamship Shooting
Star Portsmouth, N H. around TO the port OF New
York The steamship stranded on Tuekernock shoals
In the Vineyard Sound, about o'clock on the morning
the Of March, 1852 by the tug on her passage 10 New
York. in consequence of the pilot having mistaken MS
true course and the lights which on the route The
deviation too great to be attributed TO accident or
the prevalence of fog which existed at the time Of the
disaster skifu and attentive pilot would have dis
covered the before il occurred, IL the weather
was such might have led TO It, the vessel should have
come anchor and examination made so that their
true position could have been aseertaned. The main
ground relied TO exOnerate the tug from re-
sp0nsibilty Ia, that the cOasting pilot who had
charge OF the navigation was employed aud paid
by the owners OF the Shooting STAR and hence they
were responsible for the negligence or want OF skill
that led 10 the disaster and not the OF the tug
We agree however with the Court below that this posi-
ton is not supported by the proofs The contract was In
writing and the master Of the tug thereby stipulated TO
tow the ship from Portsmouth TO and furnish
coast pilot FOR and also furnish (hs own hawser
free OF charge TO be at Portsmouth TO proceed on Mon
day" This under date OF March l9 1889. Nor are
we satisfied on the proofs that the master Of the tug had
no authority TO employ the cost pilot, which was made
point In the defence. We think the decree below must
be affirmed There Is also crOsssut brought by the
OF the for the services rendered
and offered be rendered after the Shooting Star was
got of the shoals aud temporarily repaed and also for
the value OF the tugs hawSer which had been used IN re-


eyng the ship. decree rendered for the uDelans
for the sum OF 81 There De some question
20 the allowance for the services rendered but we are not
inclined to disturb the decree entered Decree below
affirmed.