| Show LIABILITY OF STEAMERS A Vessel Compiled lo Abandon a Tow hot Responsible For It 0010 1 11 Hul Co bUII uhl I CLEVELAND 0 Juue 1 Alter being bitterly fought step br step through Ibo courts for neatly a ecore 0 yea a dcldo bu bn handed down In the court ot lamb resIst tbe UnltodBlales Supreme court tn Ibo mud 01 the owners 01 Ibo burgcs Uldo made Qeorge W Wesley and Bay City ngainat lh eoWuure 01 1 the eieaoiar 0 i B DanaUton The court held I that wlien a steamor Is I compelled to deiert her Ion In u storm ion sell pieiervaliou sOn canuwt ba beid liaule lor any general gen-eral average 10 ea001a boot by the loW Chls establishes e valuable prwdenl and the case has attracted wldeipnud I utteullon I has attained < B nalonal rlul Tue events which led up 10 the original suit wore ns bellow In November U80 the steamsr J B Djnaldiou loot Butlalo with hoe bag In tow Iho Kidurado Ueorze W Wesley aiiJ Da City A storm sac encountered < l ou Lake ErIe and despIte the efforts of toe aleamer the and ber town were bulng rapidly drvn luwrd the oulb shore ollb Ik Thu Iemr 1mpleJ 10 mahu Urle for shelter hut al a poInt to ow thai port I became evident that Ibo loam r wIth her oiusoils ooulj notIon not-Ion inside of lila harbor and alter Btruggllog for a long lime tbe loW line wa out nnalnelree art In rio qoenmn the bUl wo Irln soebuee while the steamer made Hrle in safely Bull was commenced I Uolrolt by tbe owners of the barges 10 recover dimages which lu Ibo aggregate were fixed at about 20000 and ihe c ate was heard boiore fables Brown ot Ibo Bupreme court who WBsthsn B Untied Jtales district Judge Ihe owcori of the hargos clalmOI that Ibo 1lmor wed ueyllgeut In rot keeping the 11 ii I Lbe chore and I nol ogl gUI Ibu havIng allood lion low for ber own eaioty shu was at keel lIable ta make contribution lu the goneal ivmnaa tbo 0 a 1 she bd jettisoned hoe cargo that la thrown I overboard to ssf o herself Juttlon Brown decided that the waa no no lvct and also ruled advera ly in the claim for general averag The one was appealed la Illo Unili tae clrcU1 oOUI sod heats 1or tbe bale Justloo Matthews Juto 101Ih wL atllrmed < the ueoltlou 01 the district court u to Ibe question of neglIgence bul rovrd uu ton oUor grouou al1u held Ibat the owicn ol the uarzus were entitled < lo a general I average Title decision by Us novelty tUtraoied a great deal of intention Finally the lane was appealed by the ownord 01 the Djnolaju to Ibu Uulted < Stoles clr cult court ot appeals at Cincinnati but this oUr ou kooount of tom peculiar Uy of the declslou of Ibo olroult Judge 1Imud it auvhablm J 10 bno 1hz uollr determined by Ibo Bupremu Court and otrtlflid up the quuitlou whether IberesbouM be a geuural 1 avorAite contribution con-tribution botweeu the owners 01 the tteamer aol her tons under lion dr oomitances meutloued The Supreme Court decided the quettiou In the uoglvo neveeelog IUo Iechon 0 I Jujgo Maithews and aftlruiloi the original ucoulon ol Juage Brown tat Iho law 01 goncr1 avocado Ii con flood 10 uob 00005 wucr a Tulunlury BAurltloe Is I made of some portion uf tile shIp or cargo for bhe bneOI of the roilduc and has uo application lu t a contract Soc towage |
