Maritime History of the Great Lakes

Marine Record (Cleveland, OH), April 25, 1889, p. 7

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OREIN & SON BUILDERS OF METALLIC LIFE BOATS and LIFE RAFTS of all classes Governmentand Pleasure Boats of Wood. Bieck Cork Life Pre- servers. Sole manutacturer o: Capa JonxatHan Conz’s celebrated PatentLifeRafts Ya'nal and Railioad Wilmington 0. Duplex, he Manine Revonil, ‘EAGLE IRON WoRKS, MANUFACTURERS OF Hoisting &Deck Engines 0} pajgauuo) sjay 29 yoy Ua) YIM si Specially adapted for Boat uses, Raising Sail, Hoist- , ing Anchor, Pulling in Tow Line etc., etc. THE SIMPLEST AND BEST Of FERED—SATISFACTION GUARANTEED, SUBMERGED RUE BOILERS Engines, Boilers and Pumps on Hand for Prompt Shipment CIRCULARS AND PRICES ON APPLICATION. Woodbridge, Fifth and Congress-sts, Detroit, Mich. DETROIT SHEET METAL AND BRASS WORKS, Marine Coppersmiths, Pipe Fitters and Metal Workers, Manufacture and keep in stock the most approved designs in ‘ 3 Brass dead lights, all brass locks, spear heads, pilot house tops, whistles, motion indicators, windsails, head light frames and flue cleaners, 7 ———— [CONTINUED FROM PAGES 3.1 704.) ‘Lhe coumissioner made bis report, whien was excepted to by both parties. aud a decree was made by the district vourt awarding tothe Jibellants certain sums as damages for the foss of the Columbia and of perscnal effects, and dismissing the sup; Jemental libel in respect of the damages claimed for the loss of lives, Both ) arties appealed to the cirenit court, the claiwant on the ground that the libel! ants were not entitled to any damages, or, if to any, that the damages allowed were excessive; the lipel- Jants on the ground that they were entitled to full dawayes, instead of only hat damages, and that the value of the Columbia had been allowed at toosmail a sum; unt the libellants in the supplemental libel on the ground that they were entitled to full damages. Bvicre these appeals were perfected, it was consented to by the parties that the supplemental libel nig h be amended so that the claim for the loss of life should be $10,000 in each of the five cases, in- stend of $5,00U, The cicuit court (33 Fed, Rep., 107) made a like decree with toat of the district court, find- mg that both vessels were in fault for the col- lision, and dividing the damages and the costs ot béte courts between the respective parties, and dismissing the sup;lementul libel for tue loss of the lives, without costs of either cout to either purty, The sums awarded by the decree of the cir— cult court Were paid, and the libellants in the supplemeuial libel appealed to this euurt. The object of the appeal is to obtain a decree here that the Alaska is liable fur the loss uf five Jives, Tue vrouud alleged for the motion to dismiss the appeal is, that the sum in dispute as to each of the five lives is novsver the sum of $5,000, and, therefere, is not sufficient to give jarisdiction to this court. The view urged is, thut the wavuut originally claimed by the supplemental libel for the loss uf each of the five lives was $5,000; the sti; u ation in the sum vf $29,000, given to reease the Alaska from the five claims “was $3,000 for each claim, the amount in dispute ju each case being one-fifth AGENTS FOR WORTHINGTON STEAM PUMPS. WORKS .64 TO 72 ORLEANS ST., DETROIT, MICH. Forest: City CIGAR STORE THOMAS LIGGEY, Prop’. MANUFACTURERS AND JOBBERS CIGARS AND TUBACCOS. 259 PEARLSTREET J. E, SIMPSON & €0 ag \SCE NERA, ComnmTRACTORS. AND BUILDERS OF bal PATENT IMPROVED TIMBER ORY DOCK XO. 83 BROAVWAY, NEW YORK GLIY. & a b the patent is Seige y automatic and can be utilized on all occasions. Although the hook has been manufactured for some years it is Seamen, THE STAN DARD SELF-DE wPACHING DAVIT FALL HOOK. By referring to the illustrations below own- ers and masters of vessels will see that this device is one that could be used for towering The cuts represent the hook open and closed and the beckets which will prevent a heavy sea from ‘ : unhooking it while a vessel is under way. | appliance is meeting with unbounded favor, The use of these hooks will allow a boat to be | and as the inventor, Mr. lowered withont a hand getting into her, as , only now coming into general use. as a rule, are usually ehary about adopting small boats with great advantage. i t to the old, true and tried systems, even if they do entail a little Scotch navigation; but this Learman, is always quently, a greater satisfaction to the buyer. | Bradley, Ogarita, Hattie Nvelle, Fe A. Irish, These hooks have been thoroughly tested with | Sumatra, Montgomery, John O’ Neil, and the entire satisfaction, and may be seea in practi- Poulter of these vessels will testify to the cal use on steamers Samuel Mather, Progress, seb tna star pores be handled. Sold by sackawi y »oners Golden Age, Wudena, | ship chandlers ddress : i Peete aaey yeas ee Quayle. ‘ Warner, 8 GEORGE Ww. LEARMAN, Annabel Wilson, Ahira Cobb, Kent, Alva ! | 24 Seneca st., Cleveland, Ohio. DIXON’S J. C. GOSS. new ideas and inventions, preferring to stick | of $25,000; and that the case stands as 1f each ot the five parties had coumenced @ Separate suit for 33,000, and five separate Stipulations bad been given, eacu ia that am uut. But, as the stipulation is a uuit, and is for the sui of $25,000, aud in it the stipulators agree (hat the execution may issue for the $25,000 against their proporty, sud the condition of the stipulation is, that the stipulacors suall pay the trovey awarded by a fina! decree not exceeding, — of course, $25,000, and as the claim of damage ‘made by each one of the five parties is, ‘by the amendment of the libe', $10,000 instead of 35,000, it might very weil be thas some of the libellants would recover wore than $5,000 even — on an apportionment of the damages. The fund — of $25,000 is & common fund for the benefit of © the five pariies; aud, om the facts of this case, the umount involved, on the question of juris. — diction, if not the entire sum of $25,000, is, at least, the sum of $10,000 1m each ease. Gibson vs. Shute dt, 122 U. 3., 27, 31 and seq, and cases cited. On the merits,.we-are. of opinion that this. c+se is coverned by the decision in the case of the Harrisbury (119 U. 8., 199,) and that tbis, appeal was taken for delay only. In this case of the Harrrisburg, 1t was held thar, in the ab- sence of an act vf congress or of astatute of a state, giving a right of action therefor, a suit in admiralty cou'd noi. be maintained in the courts. of the Untied States 10 recover damages for the death of a human being on the high seas or ou waters navigable from caused by negligence, counsel for the sea, which was It is admited by the tue L.bellants that the statute of New York (eude of civil procedura, 2 1902,) on the subject of actions for deata by neyligence, does vot apply t+ the present case, because the deaths did vot occur the State of New York, or in waters sanjeet to its jurisdiction. lv is further to be said, that that statute gives a within righiot action ouly to the executor or adwinis- trator of the deceased person, while the present suitis brought by widuws; and that the sta ute provides ouly for a suit against an individual persou or a corporation, aud uot for a procced- ing in rem, A distinction is sought to be drawn between the present case and that of the Harrisburg, on the grouud that in tiat case the vessel was owned iu Peunsylvauia, while here the Alaska isa British vessel; and that in that case the wroagtul killing vecurred in the wateis of the state of Massachusetts, while here it occurred on the high seas, But we see no sound distine- tion between the two caves, In the case of the the alleged negiigence which re- sulted in the death occurred ina sound of the sea, embraced between the coast of Massachu- setis and the islands of Martoa’s Vineyard and Nantucket, parts of the state of Massachusetts, The question involved and decided in that case’ was, Whether theadmira ty courwot the United States could take coynizauce of a suit-to re- cover dawaszes for thedeath of a human being ou the hign seas or on. Waters navigable from the sea, caused by negligence, in the absence of au act of congress or a statute of a state, giy- ing a right of action therefor, ‘Tne question Was answered by this court iu the negative, aud the decision entirely savers the present ease, The motion to dismiss the appeul is denied, and the decree of ,the circuit court is affirmed. April 1, 1889. Harrisburg, a nlieediieseer-oenee irene BEDDING SUPPLIES FOR VESSE GRAPHITE PIPE JOINT GREASE FOR STEAM OR GAS PIPES makesa perfect joint Lbat can be opened with ¢asein three years or thirty years. Bolts, screws, etc, Sall Maker anc tigger, 18, Woodward Ay., DETROIT - - MICH SEND FOR ILLUSTRATED CATALOGUE OF BUNTING, FLAGS, AWNINGS, ETC. smeare! with this grease will not rust even in the dampest places. Write toJos, Dixon Crucible Co Jersey City, N. J., for circulars. Se a es BR 4 ef iy furnished 6 as: Comfsurtales, Blankets, Tablelincns Towels. 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