Year: 1876

On the 14th of April, 1874 the steamship Amerique
belonging to The Compague General Transatlantic no
was abandoned at sea by her officers and crew. who.
together with her passengers taken board
other vessel, and the Amcrique left as her officers
claimed, in hopelessly sinking condition. The vessel
was subsequently picked up at sea by officers OF an
other vessel and brought into a British port Among
the passengers on the abandoned ship was John p.
Reed, Of Boston, whose baggage found be lost
when she was delivered 10 her owncrS He made de-
mand Of the owners for The value of his baggage,
which was refused, and he then commenced a suit
against them in the Marine Court in this city, to
recover the amount The suit tried in March
1875, before Judge McAdam, without jury, the de-
iendants pleading in defence that the Court with
out Jurisdiction and thatevcn IL it hld jurisdiction
the defendants were not liable in law because the
loss occasoned by the OF G cd and through
the negligence OF the defendants, their agents
vanta In an elaborate opinion on tho law governing
the case Judge McAdam held that the Court had ju-
rsdcton, and that The evidence sustained the theory
that the loss not occasioned by the act OF God,
but was the result oil negligence the part OF the
officers and crew Of the vessel The value OF the
plaintiffs baggage he estimated at $500, and gave
Judgment In his favor for that amount. together
with costs and extra allowance. From
this judgment defendants appealed TO tho General
Term Of the Court, where the case was recently
heard On the argument OF the appeal, and on be-
hal. of tho plaintiff IN tho case, Mr. Benjamin +.
RUSSELL his counsel took the ground that The jurls-
created under the laws OF this State, government
country, for the recovery OF any deut damage,
whether Iiquidaied or not, arising upon contract
ecuted or delivered within this State, or upon any
cause OF action arising therein that the shows
the ,h citv snw naa genera s agency
contract was made, and in point oi law .he con-
made in New York; that where parties,
Zone OF whom being ioreign corporaton) making
contract out oil the State contemplate It's perform
in the State, the cause action arises here and
the Court has urisdlcton that IN this pas
sage ticket the New York agency upon the
receipt of passage money, and the passenger with his
baggage was taken on board the acfendapls steamer
New York to be carried to Havrc France, ana the
general proposition in relation to the lex loci well


understood; that the law OF place where contract Is
made or IS 10 be performed is TO govern as 10 the
nature validity, construction and ELECT such
On the question OF iiabty for the loss counsel
contended that the defendants being admitted be
carriers OF passengers they must be regarded
Of the baggage aud rust answer loss
not occasioned by inevitable accident or the public
enemies that the defendants cannot succeed unless
be that the danger which caused the loss could
have been avoided by SAILORS ordinary courage
skill; that in this case the defendants promptly dis
charged the muster and the present Captain OF the
vessel had testified, III was tho Atlantic and my
vessel did not than could expelled by the
pumps going certainly should transfer my pas
senycrs TO another vessel and abandon my ship with
the crew. Al tho time the vessel was abapd oned
there five or her compartments water tight The
principal quantity was In :he compartments OF hv
boilers and engines ard It was nn agreed fact that
scVcTh uayS uet hoauuoumcut tuo Aucflque
was fallen in with by two English steamers
which took her in tow and brought her
into Plymouth. Thus 1t was conciuslvely shown
that her water tight compartments served the purpose
Tor which they were designed-namely, making u i'm
possible for her to sink, If the comparim


was flied with water. The had clearly shown
that the loss occasoned by theft, probably alter
the abandonment and before the subsequent delivery
O the vessel to the agent OF the defendants and Ger
tanly not by the storm. The opposite theory TO this


both the OF jurisdiction in the and the
absence OF liability on the part OF defendants was con-
tended n l.
Livingston Both Judges Goepp and Stnnott, before
whom the argued, have written OPINIONS. in
which they sustain Judge McAdam, alike MS To- the
Jurisdiction Of the Court and defendants liability
the iacts.