p.1 A case of some interest to travellers was decided on Friday, in the Superior Court of Montreal, by Mr. Justice Mackay. One Harper, a travelling agent, embarked at Lachine in June last, on board the steamer Kingston, belonging to the Canadian Navigation Company, taking with him three cases of samples, besides personal baggage. The steamer was burned on her trip, Harper losing both samples and baggage, and in consequence he sued the Company for damages. The question at issue is - are the Company to be regarded as common carriers, and liable for the loss of Harper's cases of samples. Justice Mackay held that they were not, as the plaintiff had not paid for the carriage of his goods, nor specially contracted with the Company to do so.
p.2 MARINE NEWS
The fleet of steamers and propellers left the harbour last night in time to save the gale which occurred during the night. They must have experienced very heavy weather during their trip up. This morning, the lake is as rough as ever, but the drum has been lowered, so that this may be taken as an indication of a change. There are a good many disasters reported, but confirmation is not strong. The schr. Delos De Wolf has gone ashore on Timber Island, and there is a vessel which was supposed to be on shore at Snake Island, name unknown. She seems to be perfectly safe, however, as she is heading with the wind.
Jones and Miller's wharf - Schr. J. Greenwood, Brighton, arrived with 10,000 bushels wheat.
Coulthurst and McPhie's wharf - Schr. Columbia, Hamilton, lightened 5,022 bushels wheat.
Montreal Transportation Company's wharf - The tug Elfin arrived with five barges. The tug could not leave the harbour on account of the storm.
James Swift & Co's wharf - Nearly all the steamers and propellers left the harbour last night, and the steamers Passport and Corinthian passed down.
Wrecking - Capt. Corneille, of the British American Assurance Company has succeeded in getting the schooner Picton off the rocks at Weller's Bay by means of steam pumps. The probable damages will amount to about $1,500. The schooner was aground in sand, and had to be pumped out. Two tugs have gone to the assistance of the schr. Laura, which is aground off the Ducks.
Port Colborne, Nov. 3rd - Down - Barque Arctic, Cleveland, Toronto, coal; schr. Marysburg, do., do.; props. Ocean, Chicago, Montreal, wheat; Champlain, do., Ogdensburgh, gen. cargo; schr. Smith & Post, Detroit, Oswego, wheat; prop. City of New York, Chicago, Ogdensburgh, gen. cargo; schr. E.P. Dorr, Toledo, Oswego, corn; prop. Milwaukie, Chicago, Ogdensburgh, gen. cargo; schrs. J.S. Jenkins, Milwaukie, Oswego, wheat; D. Lyons, Chicago, do.; do.; Jamaica, do., corn; Persia, Port Dover, Kingston, wheat; prop. Maine, Toledo, Ogdensburgh, gen. cargo; schr. Geo. Dousman, Chicago, Oswego, corn.
Up - Schrs. Roscius, Ben Franklin, prop. Sovereign, barque Montmorency; schrs. L.L. Lamb, Union Jack, British Lion, Cameron, Hartford, H.A. Richmond, A. Ford, Clyde, Fearless, yacht Fearless, schrs. Mary and Rival.
Wind yesterday and this forenoon south-west fresh; changed about noon to west, is now north-west, light, and sea going down. The propellers made a start at noon, and vessels will leave tonight.
Nearly a Fire - While one of the hands of the prop Europe was in the act of filling a lamp with coal oil last evening, the lamp bursted in lighting, and the flame flew up to the roof of the lamp room. The consequences might have been disastrous had steam not been up on the boat, which enabled them to rig the pump instantly, and extinguish the flames.