p.2 editorial - Canadian ports may soon be open to U.S. enterprise - this would help increase trade.
A letter received by a merchant in town, states that the propeller England is now loaded at Toronto for Quebec. She is expected to bring down a cargo of about 3000 barrels, and will be the 1st craft direct from that port to Quebec.
HOME DISTRICT ASSIZES!
Patterson vs. Black et al - This was an action on the case brought by Mr. Patterson, Hardware Merchant, of this city, against the owner and captain of the schooner Royal Tar, for supposed negligence in the conveyance of Iron from Kingston to Toronto.
The declaration contained two counts, the first stated, (in substance,) that the defendants were common carriers - that the goods were received on board the Royal Tar, at Kingston, on the 19th of November, 1846, to be delivered to the Plaintiff "in like good condition, dangers of the navigation accepted," and that by the negligence of the defendants the greater portion of Plaintiff's goods was lost. The second count charges the defendant with negligence in stowing and arranging the goods.
To these counts were pleaded the general issue. And also, "an ancient and laudable custom," concerning the loading of vessels on Lake Ontario, viz., of loading and placing upon deck, a certain portion of the freight or cargo. That in pursuance of such custom, part of the Plaintiff's goods had been placed on the deck, and that on proceeding on her voyage from Kingston, the vessel was overtaken by a violent storm and tempest, and was thereby dismasted; and that in order to prevent her from damage, and to preserve the remaining portion of the cargo, the deck load was thrown overboard.
The plaintiff replied de injuria to this last plea, thereby denying that the goods were lost from the causes assigned.
Mr. Hagarty, on behalf of the plaintiff, gave evidence by various witnesses, of the delivery and value of the goods, and of their non-arrival. He also endeavored to prove from a supposed statement of the Captain that the loss had occurred from the improper state of the rigging - and that deck loading was attended with great risk, particularly at that late period of the season - and consequently, negligence, in its legal acceptation, was imputable to the defendants.
The Solicitor-General made a very eloquent address to the Jury and fully established by the evidence, the custom of deck-loading at all seasons of the year, and the selection of Iron for that purpose when, (as in this case) the cargo was of a heavy nature - and that the proportion of the upper deck to the under deck was usually about one-third. That the schooner was perfectly seaworthy, and well found, before leaving Kingston, in every respect. That she lost both of her masts by the violence of the gale, and that it was found absolutely necessary for the preservation of their lives, to throw overboard the plaintiff's iron as well as goods belonging to the owners of the vessel and others.
The Jury found a verdict for the defendants.
Kingston Marine List.
Vessels Arrived In Port.
May 13th - Schr. Ellen Parke, Amherstburgh, gen. cargo, Macpherson & Crane.
Brig W.B. Eberts, Windsor, gen. cargo.
Str. Farmer, Cape Vincent, no cargo.
Schr. Edith, Port Stanley, 5272 bushels wheat, 158 bbls. pork, 9 kegs lard, H. & S. Jones.
Schr. Acorn, Port Darlington, 623 bbls. flour.
Schr. Princess Royal, Hamilton, 300 bbls. flour, Glassford & Smith; 1650 bbls. flour, J.H. Greer & Co.; 50 bbls. whiskey, Macpherson & Crane.
Str. Queen Victoria, Belleville, gen. cargo, E. Browne & Co.
15th - Steamer Canada, Lachine.
Schr. Lord Seaton, Bear's Creek, 64 pieces white oak timber, Calvin, Cook & Co.
Schr. Minerva, Cobourg, 650 bbls. flour, H. & S. Jones; 400 do. do., P.F. McCuaig & Co.
Str. Prince of Wales, Belleville.
Brigantine Liverpool, Port Dalhousie, 206 pieces oak timber, Calvin, Cook & Co.
Schr. Prince of Wales, Whitby, 2274 bbls. flour, 61 do. pork, H. & S. Jones.
Str. Princess Royal, Toronto, 26 bbls. flour, J.H. Greer & Co.; passengers and baggage.
Schr. Hannah, Cobourg, gen. cargo.
Str. Gildersleeve, Lachine, gen. cargo.
Str. Rochester, Rochester, gen. cargo.
16th - Str. Ottawa, Montreal, gen. cargo.
Schr. Merchant Miller, St. Catharines, 1100 bbls. flour, 27 1/2 tons shorts, 40 bbls. ashes, 8 bbls. pork, Macpherson & Crane.
Str. City of Kingston, Montreal, in ballast, barges in tow.
Schr. Clyde, Hamilton, gen. cargo.
Schr. Louise, Hamilton, 4018 bush. barley, 160 bbls. flour, J.H. Greer & Co.