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LT REE apn & MARITIME LAW. [CONTINUED FROM PAGE 2.] Ihe Marine Recor. insufficient line in hoisting under the direc-| was erroneous. The evidence on page 28, tion of the stevedore in port. Here the neg | which is the strongest there is to. support de- ligence, or one of the negligent acts, is in per- owners had employed asteyedore to unload, knowledge of its defect had been brought | which defendants, by their captain, had sent the vessel in port, and had placed the control of it for that purpose in his hands. By his negligence the plaintiff, engaged under the steyedore in loading, was injured. The lower court non-suited the plaintiff because he was negligent stevedore for a common master, and the stevedore and the plaintiff were fellow- servants. But this court said, in effect, that there being evidence that the entire work of unloading the vessel had been delegated to the stevedore, it should have been left to the jury tosay whether or not the stevedore was the representative of the owners or a fellow servant of the plaintiff. That case, we submit, governs this. was evidence here that these defendants sent this boat with its crew on its voyage to distant markets under the charge and control There had se | home to these defendants through their cap- | |tain, whom they had delegated to perform | their duties in their absence and on the voy- | | | age. _———<-s zz ~~ him, erroneously cut the rope ina place where | he did not mean to. There is no admission that he intentionally serve that the obligation to furnish reasona- | of Schall vs. Cole, 107 Pa. St., 1. In that bly safe instruments goes also to the main-| case, when the other servants were fleeing taining them so. Nor is it any answer here | from danger, the plaintiff endeavored to stay to say that they became unsafe on the voyage | an engine which was running off, but in the and without any negligent personal act of | excitement he unwittingly increased the speed defendants; because the responsibility to | of the machinery, so that a pulley broke, and maintain safe instruments being one which | a piece struck and broke his leg. Defendant cannot be relieved by delegation of power or | sought to defeat a recovery because plaintiff's mere absence of the master, where notice is | own act had plainly induced the injury. But brought home to the master’s representative | this court held that as the running off of the that the instrument is unsafe, he continues its | engine was the result of defendant.s negli- use at his peril, or the peril of the master | gence the jury were to find whether or not whom he represents. Thus, when the cap-| under the circumstances, and especially the tain knew that the line could not be longer} condition of nervous excitement induced Sy) lil cae of their captain, (pp. 6, 15, 35,) and hence it must follow that the duties which they owed the plaintiff of reasonably ‘safe instruments to work with, anda reasonably safe place to work in, could not be discharged by them rpose of nay: di $ or, is in our case where the vessel was out of port, and the control of the vessel and crew ex ne- cessitate placed in other hands. Hass vs. The Steamship Co., supra, enforces and illustrates the doctrine of Mullan’s case. There, this court in affirming the judgment of non-suit, did so because there was no evidence that the stevedore or the master of the vessel had been authorized to act as representative of the vessel’s owners, who were defendants, But here there was such evidence, (p. 6.) Here the vessel was on the voyage and away from the personal control of the defendants (pp. 6, 16); there the vessel was in port, not in process of navigation, but presumably un- der the personal power of the defendants. Here the captain was in the active discharge of hiscommand of the ship and his crew (pp. 33, 38); there a stevedore had intervened to uuload the vessel lying in port, and there was no evidence, as in Mullan’s case, that the ship owners had placed him in entire con- trol of the ship for that purpose. Hass’ case equally with Mullan’s, is strong and full to the point that the question of fellow servant, or vice principal, was one of fact for the jury to determine, The third and fourth reasons assigned by the defendants for the non-suit may be con- sidered together. They are substantially that the captain’s negligence was about acts in the performance of which he was engaged as a fellow-servant, and not as a vice-princi- pal, Waiving, for the purpose of the argument, our contention that the captain of a vesss! on @ voyage is never the fellow-servant of his crew, let us examine whether these reasons are well founded. The captain was actively engaged in the navigation of the vessel; but the negligence of which we complain was in assigning the plaintiff to work in a danger— ous place without warning him of it, and with a dangerous and defective line, of which the captain had notice and plaintiff had not. Now both these negligent acts were of the kind that this court has said the master is lia- ble for to his servant. In Mullan vs. Steam- ship, supra, the negligence was in using an : absent, but must be discharged through their | reason for not using it arose. instantaneously period of a full minute, been subjected to the strain of the weight of the Obio’s current } against some acres of coal and its barges, It case is stronger | CLARK’S METALLIC LIFE RAFT, payed out, he had notice that it was a thereby, the plaintiff was chargeble with con- dangerous instrument, and it washis duty to | tributory negligence. And in that case the discard it Nor does it make any difference, | plaintiff had not been directed by the defend- logically, that he continued to nse it but a! ant to do an act in the performance. whereof minute after that notice came to him. ‘The | he was injured. as he had been in the case. We submit therefore, that the case should have been sent to the jury, and that the learned court: below, sitting in bane, erred in refusing to take off the judgment of non-suit. eet : W. M. Warson, 2 | Winr1amS. Pier, Attorneys for Plaintiff in Error. Bi, Ret must also furnish his servant with a reason-. ably safe place iu which to work; or, to ex- press it differently, he must not send him into been refused for her. Reliable parties, who have carefully’ examined the’ boat, state that | ‘she has-been thoroughly repaired, and that | CLARK’S METALLIC LIFE RAFT. | | Our cut represents the Clark patent metal- | fendants’ contention, is merely that the plain- | lic Jife raft, approved by the board of super-| In the first of these cages,a leading one | sisting in using in the navigation of the | tiff, while frighteued and excited by the sud- vising inspectors of steam yessels, and the | and often cited, it appeared that the ship- | vessel a defective and dangerous line after | den discovery of the dangerous position into | handiest life saving apparatus that has ever | | been established, especially for the passenger | trade. Great merit is attached to its light- | ness and bnoyancy, the several cylinders con- tained in the raft allowing itto retain its| } cut the rope at the place it parted. Even if | buoyant properties in the event of one or| No one should leave port without a box | And it is hardly necessary, perhaps, . to ob- | there were, it wouid then be within the ruling engaged inacommon employment with the| more of the cylinders being stove in with floating wreckage; though to avoid any acci- dent of this sort, the manufacturers (the De- troit Boat Works) have carefully guarded the cylinders by placing strong guards and bat- tens well bolted and fastened to protect each air chamber from floating debris when launched, or from the traffic passing to and fro a vessel’s deck where the raft may be stowed while in port. From a reference to another column of this issue, our readers may notice that the Clark patent metallic life raft can be ordered from the manufacturers at prices and sizes to suit any special require— ments from the largest propeller to a small yacht. The raft built to contain eight persons would seem to be the most handy and conve— nient a structure that could possibly be de- vised for the purpose at a minimum cost, and with two of these on board a medium sized vessel, the crew would have an excellent standby in case of accident to the larger ves- sel, while in the event of a person dropping | overboard the smaller sized raft could be in—| stantly thrown overboard — to the rescue in much less time than it would take to clear and lower away a life boat. The larger sized rafts are evidently manufactured for the finest to carry forty persons, and although most of metallic life raft, the manufacturers are still shipments will be made this spring, perfect TUG class of passenger steamers, having a capacity i} the steamers are fitted with the Clark patent ! kept busy filling orders, and several large | zi M. M. GLEKLER, | MANUFACTURER & DEALER IN Cigars AND Tokacceo. 156 River-st, Gleveland, Mhio ee of M. M. Glekler’s marine cigars. J. C. GOSS. Sall Maker anc Rigger, 20 and 22 Woodward Ay,, DETROIT - - MICH LARGE STORAGE ACCOMMODATION FOR VESSEL OUTFITS. Covering Bollers and Steam PipesaS ecialty 7”. $. DeVries, SHIP AND ORNAMENTAL PAINTER, 22 South Water street, Cleveland, O. Established in 1871. Telephone 210. s.gns. Steering Balls, Liherty Caps, Orna- mental Work ab pevialty in Cabins. J. R, OLDHAM, 6, E, Nayall Archite¢t, Marine Imspegtor. SPECIAL EXPERIENCE IN DESIGNING, PRICES Se_r-Trrmmina HatCHzs Coal SHuTES AND Buaker’s Patent’ Borers. 32 Exchange Bld., BUFFALO, N. Y HENRY ESGH, Groceries and Provisions, Fresh and Salt Meats, DRY GOODS AND CLOTHING. Special attention given to vessel ‘supplies. Corner of Jay and 9th st. Manitou ‘FOR SA OA?, STEAM. Mex - ing the responsibility of the owners as there | was in the night time, and they knew that he, on shore, could notsee what had taken place on the boat and yet no word of warning, no friendly shout even was sent to him telling him to look out for peril. Nay, he was pos- itively commanded to do the work. He did his duty and was injured, and in that respect this case is like Leins vs. Seifert, 116 Pa. St. 628, In that case the defendant’s dispatcher directed the plaintiff to go into a dangerous position where he was injured by the col- lision of two railroad trains fendant’s captain ordered the plaintiff into the dangerous position where the snapping of a rope broke his leg. In Loth cases the agent had had delegated to him exclusive powers, in one case the direction of the running of trains, in the other the navigation of the ship. The language of this court in the case last cited states the law which we conceive applica- ble here so clearly that we quote a para- graph. The learned justice who wrote the opinion, at page 647, (116 Pa. St.) says: “But there are some duties which the master owes to the servant, and from which he cannot relieve himself except by performance, Thus, the master owes to every employe the duty of Here the de | her machinery and boiler are in good shape. 1 CATARRH CURED. -A clergyman, after years of enffering | ‘from that loathsome ‘disease, Catarrh, and vainly trying every known remedy, at last founda prescription which completely cured and saved him from death, And; sufferer from this dreadful disease sending a | self addressed stamped envelopeto drofessre 8. A. Lawrence, 212 East 9th st.. New York will receive the receipt free of charge, FOR SALE, | ee PROPEI LER GOLDEN WAGLE, Thoroughly over hauled this spring, ‘‘Sutton?? | Engine 14X14, 100 pounds steam, ruus 14 miles an hour easily, and earrys’00 peeple. Owner has no reute for her and will sell for what she is worth. JAMES £. ENGLISH East Saginaw. Mich, FOR SALE. ARGE COL. BRACKET—She carries 260M feet of lumber, 420 tons of coal. Had $900 worth of re- pairs last season. Fit out good. Price $1,600. Men- tion this paper. ED, J. KENDALL, Port Huron: FOR SALE, ARINE ENGINE nearly new, includes bilge pump, hand pump and force pump, evlinder 17 by 20. Willselleheap, Address, K. BOX, Record Office. FOR SALB . Tye MARINE BOILERS 7 years old in good order for sole cheap, 934 feet shell by 16 feet long for providing 4 reasonably safe place in which to $1,000 each, 4% down balance one yer, by work, and reasonably safe instrunients, tools, Cc. H. LANE, BUFFALO, N. Y. and machinery witn which to work, ‘This isa | POR SALE— direct personal a d absolu'e obligation; and A HANDY THREE-MASTED SCHOONER, well cound and equipped, will carry 500 tons of coal, or while the master may delegate these duties to | 270M feet of lumber. Rates, A214. an agent, such agent stands in the place of his | coal, or 250M feet of lumber, Rat principal, and the latter is responsible for the acts of such agent; and when the master or su— 1so, a two-masted schooner; capacity, 425 tons of ates, A 24. Both these vessels have been well kept up and are most. desirable investment. aut to PARKER & MILLEN, Detroit, Mich., or to E MARINE RE- perior places the entire charge of his business, | CORD, Cleveland, 0. ora distinct branch of it, in the hands of an agent or subordinate, exercising no discretion or oversight of his own, the master is held lia- ble for the negligence of such agent or subordi- nate.’” The fifth reason assigned for the non-suit was that the evidence disclosed contributory | barge. Address, negligence on the plaintifl’s part; negligence is ordinarily for the jury and the court will only withdraw a case from the jury for this reason when the plaintifi’s act appears uncon- tradicted and is of a kind that has been settled | {4, fora pug or to be negligence. on the motion for non-suit that the evidence disclosed that the plaintiff had cut the rope negligehtly and because he bad cut it in the wrong place the injury was received. This j Sarat etn. to 40 tons, in WANTED. THXUG.—A good towing tug, about 18x20 engine. T Inquire of own’ CAPT. H. 8, SMITH, o. 30 Twelfth avenue, East Duluth, Minn, FOR SALE OR EXCHANGE. OR STEAMBARGE, A NEW PASSENGER steam- er, will carry 75 tons freigh’, allowed 115 passen- gers, Will sell on nary terms or exchange for steam OX 90, Petesky, Michigan. FOR SALE. s 4 : CHOONER FRANC MINER, Her dimensions are as follows: 68 feet keel, 17 feet beam, 5 feet hold, she hastwo masts andis three years old, in ‘ood shape, enige and oe ale. hare ® a aplete outs rge, engine Ns shaft wheel Ait all io _ For part: b cony af The defendants contended | write to L. NAU, Green Bay, or OAPTAIN J. A. CUSICK, Fort Howard, Wis. WANTED. od rapair, Send full description and photo or aving. A Box 479, proved of Clark’s metallic life rafts is a suffi- ; D ‘Traverse City, Mich, | satisfaction being guaranteed’ to the purchas- | qo ers whereyer the rafisare ordered or shipped | to. t ‘ i oma! 23 ERG Me BER We take great pleasure in recommending } /an apparatns so highly spoken of by vessel owners and seamen and wouid like to see the | - day when no vessel’s outfit would be consid-j ered complete unless she had a thoroughly good and reliable life raft aboard, and we feel | certain that in many instances where boats| | are swamped or turned bottom up, a non-cap- sizable and buoyant life raft would live out | the gale and rescue its occupants in spite of | the fury of the elements even after the boats had been rendered useless by swamping or the unseamanlike handling of the persons} contained in them. The board of supervis- | ing inspectors of steam vessels having ap-| cient guarantee of its merits, and the large! patronage which it has received from vesse) | in owners amply testify as to its utility, ANTED—TO BUY TWO TOW BARGES of | about, 500,000 capacity, or two A 2 schooners. ess, CAPTAIN A. FLAGSTAD, : Montague, Mich, — Notice to Vessel Owners. |. ids CUSTOMERS FOR several barges, both steam and tow, and would be pleused to hear from each and every owner haying vessels for sole, eining, y name, capacity, draught of water, = and loaded. steam, condition and age of boiler, size ofe etc. | — Correspondence solicited direct Prat amine as I will | not divide commission’ Addrers, = Rees Gew, J. F. VWHITTEMORE, ~ Agent and Ship Broker’ Bay City, Mich. DETROIT BOAT —SOLE MANUFACTURERS