The Maritime History of the Great Lakes
Daily News (Kingston, ON), April 28, 1877

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p.3 The Assizes - Calvin et al vs. Collinsby Rafting Company - This case, which has occupied the Court and a special jury for three days, was concluded on Thursday. The jury retired at four o'clock in the afternoon, having been directed by the learned Judge to give written answers to certain questions which he submitted to them, and from their replies to which he informed them he would direct a verdict one way or the other, which verdict would be subject to review by the full Court in Toronto.

The following are the questions which were submitted to the jury, with the answers given by them, who returned about eight o'clock after four hours' deliberation.

1st. Was the wreck of the raft caused by the negligence or misconduct of the plaintiffs.?

Answer - We think there was neglect on the part of the plaintiffs in not returning to the raft after leaving the two lockages in the canal.

2nd. Was the steamboat Traveller performing the services after the wreck of the raft for the plaintiff or for the defendants, to be paid for by the defendants.?

Answer - Yes, by the defendants.

3rd. Did the loss sustained by the defendants in consequence of the raft being wrecked exceed $713.75 ? if not, how much less ?

Answer - Yes, it exceeded $713.75.

4th. What is the value of the services performed by the Traveller after the wreck of the raft ?

Answer - $300.

5th. What is the value of the services performed by the Bay of Quinte in taking down the raft from Smart's Bay and taking over two lockages to Valleyfield ?

Answer - $150.

Upon these replies being given the learned Judge formally entered a verdict for the plaintiffs for $450, all the law points to be discussed in term in Toronto, when the whole of the evidence will be reviewed by the Court.

Mr. Britton, Q.C., and Messrs. Kirkpatrick and Rogers for plaintiffs; Mr. James Bethune, Q.C., Mr. John McIntyre and Mr. R.T. Walkem for defendants.

Many interesting questions of marine law came up, and the final decision of the Judges will be looked for with interest.

Marine Notes

The schr. J. Walters has arrived from Toronto, with a cargo of wheat for A. Gunn & Co.

The schr. Wave Crest, from Whitby, arrived in the harbour this morning with 10,000 bush. wheat for Prescott.

The J. Walters is being unloaded at Holcomb & Stewart's.

The storm drum was ordered up last night at 9 o'clock, and the storm came this morning.

Soundings were made in the Chicago River last Saturday, and the average depth from the Rush Street bridge to the lower slip was 16 feet, from the lower slip to the entrance of the outer harbour it was 17 feet. After passing the entrance to the outer harbour the water gradually deepens to 20 feet.

The Chicago Inter-Ocean says: "If the fleet go out five, six or even ten a day, men will be secured for ten shillings, but if they go in a rush, all together, twelve shillings will have to be paid in numerous instances. It has been stated that the Scotia paid the latter figure, but no one knows just what she did pay."

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April 28, 1877
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Rick Neilson
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Public domain: Copyright has expired according to the applicable Canadian or American laws. No restrictions on use.
Maritime History of the Great Lakes
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Daily News (Kingston, ON), April 28, 1877