The Maritime History of the Great Lakes
British Whig (Kingston, ON), 14 Jun 1895


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p.1 General Paragraphs - Arrived at Garden Island: str. D.D. Calvin and barges Augustus and Ceylon, Ontonagon, pine timber.

MARINE INTELLIGENCE.

Capt. Dunlop left today for Montreal to take charge of the str. Algerian.

The prop. Hill ran 126 bushels over on her cargo of corn. This is a pretty big extra.

The schr. Annie Falconer cleared for Charlotte today to load coal for James Swift & Co.

The str. Columbian left this morning for Alexandria Bay to take on 400 passengers for Montreal.

The new steamer Hamilton, owned by the Richelieu & Ontario Navigation Co., arrived here this afternoon.

Passed Port Colborne: Strs. Frost, Chicago to Ogdensburg, general cargo; Jack, Escanaba to Kingston, timber.

Robinson Bros. built a steamyacht for Messrs. Cartwright and Bawden, of Belleville. Yesterday they started for that city in the new boat. When they got opposite Portsmouth the machinery became disabled and the yacht had to be towed back.

The schr. Ada Medora is now on her way to Owen Sound, Ont., with the first cargo of steel rails ever shipped from Chicago to a foreign port. The whole cargo amounts to 2,379 tons, and is consigned to the Canadian Pacific railroad company. The rails were shipped by the Illinois Steel Co.

The Northern Steamship Co's new steamer, North Land, left on her first trip, Buffalo for Duluth, Wednesday. A large crowd gathered to see her off. Capt. Jas. H. Killeran, marine superintendent for the company, made a bet of a new Panama hat that amongst the passenger list a bride and groom would be booked, in which, however, he was doomed to forfeit, none being forthcoming though the boat was held five minutes beyond schedule time in hopes of securing the prize.

Personal Mention - In respect to the employment of men on the government dredge James Swift is empowered to employ the men. He is recognized as the man entitled to the presidency of the conservative association of the city.

p.2

THE COUNTY COURT.

The Roney Yacht Case Up For Consideration.

The case brought by A. Rooney (sic), clothing merchant, against the Thousand Island steamboat company, for $200 damages for the alleged sinking of the plaintiff's sailing yacht, moored at the dock, by the breaking loose of the str. Empire State, occupied the attention of the court all day Wednesday and Thursday. Numerous witnesses were called on each side. Although apparently a trivial matter much interest was centred in the case. The plaintiff alleged that his yacht was properly moored and that sufficient care had not been taken in the fastening of the str. Empire State; that the steamer had broken loose during the severe storm in October 1893, smashed over against the yacht and sunk her at the dock. The yacht was valued at between $200 and $300.

The defence contended that the steamer was properly moored at the dock and that it was to their interest to have her so, as the steamer was worth $40,000, and it was not at all likely that they would run any risk of having her break away and do damage to herself. They claimed that it was purely an accident and there was nothing to show that the yacht had not broken loose and smashed over against the steamer and by continuous bumping against her was sunk. The fact of the yacht sinking at the guard of the steamer while she was moored at the dock, as actually seen by Capt. Saunders who happened to be about at the time, was proof that the yacht had run against the steamer before the latter had broken away.

The witnesses for the plaintiff were: Messrs. A. Roney, W. Hughes, George Henderson, Peter Henderson, George Thompson, Felix Lennon, A. McCorkell, Capt. Milligan, Capt. Gaskin. Thursday Dr. Smythe wanted to call Nicholas Henderson as an expert but the judge refused to allow him calling any more witnesses. The defendant's witnesses were: Capt. Andrew Miller, Thomas Donnelly, John Donnelly, sr., James Allen, William Power, John Saunders, Henry Folger.

Mr. Whiting occupied over an hour in showing how ridiculous was the claim of the plaintiff. Dr. Smythe, Q.C., took a similar line in endeavoring to make out his case. The judge's charge was favorable to the defendant.

Dr. Smythe raised three objections to his honor's charge. These objections, of course, are in case of an appeal:

1. That his honor should have charged the jury to enquire and the proper questions to leave to them were: "To find whether the defendants had done anything to avoid the accident, and not merely as if they did everything that a prudent owner could have done."

2. That his honor should have told the jury that the defendants were guilty of negligence, insomuch as they disobeyed a harbor by-law of the city of Kingston.

3. The charge is wrong inasmuch that the jury was told Capt. Saunders' evidence was corroborated or consistent with the evidence of Felix Lennon.

His honor gave these questions to the jury to decide:

"It is quite clear the yacht was injured in one of two ways, either by the Empire State breaking loose, swinging round and then coming into contact with and injuring the yacht with the fender by crushing her against the dock or by the yacht forcing herself against the fender of the Empire State before the latter broke loose. The jury will say in which of these two ways the injury occurred?

Was the Empire State secured to the dock and otherwise managed with that degree of care and caution which a man of ordinary prudence would observe?

If not, state in what respect there was a want of care and caution? What amount of damage did the plaintiff sustain?

After being out nearly four hours the jury returned, not being able to arrive at a verdict. None of the questions were answered.

p.3 Bedford Mills, June 10th - ....The tug Edmund and barge left here Saturday morning with tan bark for Ottawa....


Media Type:
Text
Newspaper
Item Type:
Clippings
Date of Publication:
14 Jun 1895
Local identifier:
KN.16699d
Language of Item:
English
  • Ontario, Canada
    Latitude: 44.22976 Longitude: -76.48098
Donor:
Rick Neilson
Creative Commons licence:
pd [more details]
Copyright Statement:
Public domain: Copyright has expired according to the applicable Canadian or American laws. No restrictions on use.
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British Whig (Kingston, ON), 14 Jun 1895