p.2 Marine News - The schooner Oriental, with a cargo of lumber from Cobourg for Chicago, went ashore Tuesday morning on the sandy beach about 7 miles below Port Ontario. The tug Wm. Morgan, with lighters, went to her assistance on Wednesday night, took off her deck load, and returned yesterday. This morning the Morgan provided herself with all the necessaries for getting her off, and started down the lake for that purpose. The Oriental is owned by Johnson & Bruce, of Buffalo, and is commanded, we believe, by Capt. Hardison.
Assizes - Monday, Nov. 9th - Peter Russell vs the Provincial Insurance Company -Mr. Philpotts said the action was brought by plaintiff against defendants for loss sustained by damage to the Mary Josephine, which he had insured with the defendants, and which was caught in a gale of wind and driven into Oswego, in the fall of 1855. Mr. Russell had been put to considerable expense in getting the vessel repaired, and it was to recover that amount that the present action was brought.
Mr. Philpotts handed in several documents, and also Justice Hagarty's notes of a former trial, which Mr. Burns, on the defendant's part, admitted should be handed in and received as evidence.
Wm. McIlwane - I was master of the Mary Josephine in 1855; I recollect the 17th of October 1855; there was a severe gale of wind that night, and a heavy sea running; the vessel struck against the pier; I did not get the vessel moored that night; she had three feet of water in the hold, and the rigging was injured; the vessel was badly strained, and the timbers and bolts started. Plaintiff got her surveyed and put on the dry dock; up to this time, the vessel was in such good order that I carried grain in her in bulk; I lost a boat same night, and paid 11 pounds 12s. 6d. to replace it. I sailed on the ocean for eleven years, up to 1852; I saw Captain Weatherly, defendant's agent, at Oswego; he saw the carpenters working at the vessel, but did not go near them, or make a survey of her.
To Mr. Burns - The boat was lost during that night; I had no small boat on board when the vessel struck against the pier; some of the hands were hired at Kingston and some at Oswego.
Mr. Burns called for a non-suit, on the ground that by the terms of the Policy of Insurance, a survey of the injury sustained by the vessel should have been made at that time.
His Lordship said the plaintiff having joined issue on that point, was bound to prove it; but the plaintiff's counsel might amend their plea, and state that the defendants had waived the survey, as it appeared they had.
Mr. Burns stated that by the Policy of Insurance it was stated that a notice in writing, protest and affidavit, of the loss, should have been served upon the defendants within forty days of the injury being sustained, which the plaintiffs had not proved they had done.
Mr. O'Reilly relied upon the Judge's notes, which had been admitted as proving that defendants had got proper notice.
His Lordship said they could not be admitted for that purpose, and that the point would be fatal to the plaintiff, who must therefore, be non-suited.
Verdict for the defendants. Philpotts and O'Reilly for plaintiff; Burns for defendants.