Year: 1869

Before Judge Gross.


Mary Ann Bradey u.s. Charles II. Marshall ana
Others.-Judge Gross has delivered the following
opinion on the points raised by counsel for the de-
fendants for commission to examine witnesses in
England In this case and on the points and argu-
ment of opposing COUNSEL


The plaintiff seeks to receive damages in conse-
quence of non performance Of the agreement alleged
to have been entered into by the defendants. She
alleges that the defendants the owners OF the
snip James Foster Jr, sailing vessel running be-
tween Liverpool and New York, for the conveyance
OF passengers, &c, to this port; that on or about
the 9th Of August, 1865, the defendants agreed to
transport plainiiT from Liverpool to New York in
said ship; that the defendants agreed to provide
during the whole Of said voyage good accommoda-
ton for the plaintiff as such passenger, and good,
which are naytienlarIv enumerated IN the compalni.
That the defendants, IN pursuance or this con-
tract did receive said plaintiff as passenger, and
curing the whole ol the SAID passage violated the
Agreement in far that they neglected and refused
70 supply the said palntif during said voyage with
the ood Of the quality or in the quantity agreed
upon, but that the same as furnished was generally
bad in quality and less than the stipulated quantity,
ana that the water was mostly brackish or salt and
unfit to drink, as well as less than the stipulated
quantity, by reason whereof the plaintiff, during
nearly the whole Of said voyage, was fanshed and
Also, that during the said voyage the officers OF
said vessel by the agents ana servants or said de-
PENDANTS, without any fault OF said pa1nti1i, sub
jected the said plainfin to harshness and improper
treatment, &C., by reason OF which she claims TO
have sustained damages to the extent OF $500.


The Defendants IN their answer, admit the owner
ship OF the vessel, deny, upon information and
beilef the agreement alleged IN said complaint and
claim that they have fully kept and performed the
contract entered INTO by them; that said ship was
duly furnished and provided by behalf OF the
owners of said ship with ali the accommodations,
provisions and water required by the Passenger act;
that the accommodations, provisions and water
were OF good quality and sufficient quantity; that
the passage OF said ship was OF great length and
severity, and that plaintiff was sick 1t was owing
to the severity of the weather &c and not OWING to
negligent acts OF the defendants their agents.
The defendants further answer and say that II any
OF the officers OF the ship neglected refused
to provide the plalntn proper accommodations, or
gave her inferior water food unfit to eat drink
or subjected her to harsh improper treatment
said acts were wilful and wholly unauthorized Dy
the defendants, and for which the defendants are
not liable.


The defendants now move for commission to ex-
anime the inspectors at Liverpool under the act
entitled the Passenger act" to show that they
pied with all the requirements OF said act and did
place on board OF said ship all the food and water by
said act required


sec nothing in the pleadIngs which makes the
testimony OF the inspectors necessary The claim OF
the plaintiff Is that she was not supplied during the
voyage with the articles agreed by defendants and
III treatment Is also claimed to have taken place
during Inc voyage from Liverpool 10 New York. 1t
Is not claimed by defendants that any OF the persons
sought TO be examined know anything OF the occur
rences during the voyage. must therefore deny
the motion for commission.