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THE MARINE RECORD. i MARINE LAW. BREACH OF A CONTRACT OF TOWAGE, Court of Common Pleas, Philadelphia. Ou November 21st the suit of Captain HE. Jacobsen of the Norwegian bark “Lloyd” againet Peter Wright & Sons was tried in Court of Coumon Pleas No, 4, Philadelphia, before President Judge ‘Taylor, On De- cember 10, 1883, the bark being ,ready for sea and then lying at Gtrard Point, the Captain made a bargin with Wm. C. Turner, the Agent of the Red Star tugs Juno and New Castle to tow him to sea with one of these boats, or if they were not at hand, to furnish another, The charge was to be $67) the summer rate of towage. ‘The vessel was to stuart on the morning of December 11th. Unable to furnish either of the Red Star tugs, Mr. Turner sent the tug 8, L. Brown down to Girard Point to take the bark in tow, and on.the afternoon of the 11th the Brown took the ship as far as Chester and there tied up for the night. The next morn- ing, the 12th, they got under way and had not proceeded far, the tide being flood, when they were caught by a field of ice which Captain Jacobsen’ says the tug was unable to manage, and.the ship returned to Chester again, The bark laid there until the. 14th, and in the meantime the Captain had gone to Philadelphia and reported the matter to Peter Wright & Sons. They furnished him the Juno, which on the 14th took the bark in tow and left her at sex on the lith. The defendants were the brokers of the ship and had charged $168 for towage, winter rates, and the suit, was to recover back the excess of $101, that being the difference between the amount charged and the amoun! agreed upon, viz., $67, summer rates. Added to this was a claim of $150 for three days’ detention, some other smalles amounts for car fares and damage to the ship’a sheathing, making in allaclaim of about $275. The jury rendered a verdict in favor of Captaiu Jacobsen tor $218.97. Following is the charge of Judge Thayer: *L cannot see, gentlemen that with regard to the terms of the contract there is much discrepancy: between the testimony of the Captain of the bark, Captain Jacobsen, and that ot Mr. Turner, the agent of the Red Star tugs. . Both of them agreed ‘that the contract was that Turner should furnish one ot the Red Star cugs—or if he could not get one of their own tugs, then he was to send some other tug. ‘l'urner says, ‘tsome other tug;”’ the Captain says ‘some other good tug.” In either ease there was an implied contract, it any contract at all, to send a tug capable of doing the work; because it would be idle to undertake to say that the plaintiff should pay for a tug which’ was incapable of per- forming that duty. The tug employed was the Brown, which belonged to Mr. Church- man, and not to the Red Star Line. She was a little behind time in starting, but che came as length, and got down to Chester that night, and next morning at daybreak they went out into the river, and they soon got into the ice, and, as the captain and pilot gay, could not get any further. The defendants say that the Captain became alarmed, was afraid that his ship might be injured, and that he turued back on that account, The plaintiff says, no,—that the reason that he did not go on was that the Brown was not capable of taking the ship throught the ice. ‘The pilot says the tug was not big enough, by which [ suppose he meant that: she had not sufficient power. Now, when it was agreed to supply another tug in’ case they could not send one of their own, was it im- plied that the Red Star tug people, that is Peter Wright & sons—for I must regard them as the same in this case-—was It under- stood that they would supply that other tug in case they could not send one of their own, at their own risk, and that the contract was a contract by which they undertook to supply a tug and to be responsible if they did not? On the surface, it would seem natural to consider the contract in that way If this contract to send another tug was made on behalf of the defendants, then they were bound to furnish a tug which was capable of jerforming the work; Ido not mean capable of performing itin the tace of there no skill insuperable dificulties, because may be circumstances whien and efli- ciency on the part of the tug could overcome, But they were bound to turpish a tug of sufficient ability force overcome the ordinary ('tMentties of navi and and power to gation and take the bark tosea., Aud if they contacted to do that, and failed: te do that® they broke their contract, and were re- sponsible to the complaninant. ‘Uhe Brown same back, as the detendants say, at the Captain’s instunce, because he was afraid to risk his ship. Of course, if that was the reason, and if.the Brown might have taken the vessel through,—why, the defendants did ajl they had undertaken’to do, and are not responsible tor the return of the Brown and the employment of another vessel the ship came back because the tug was not able to tuke her, if she was not of sufficient size or power to do it, and if the result showed that another tug, the Juno, sent down, could do it, then the defendants are responsible for having sent an insuflicient tug in the first place. It is admitted by Mr. ‘lurner that he had agreed to charge only the summer rates for the tug first sent. But Mr. Turner says that when the other tug, the Juno, was sent Jown to take the ship ont, there was a distinct agreement with Captain Jacobson that he should pay winter rates. If you find that to be so, it constitutes of course anew con- tract superseding the old one, and the cap- tain would be obliged to pay the winter rates, If there was no contract to pay the winter rates'and the original contract remained in force, by which it was agreed to take the cap- tain out for the summer rates then the defend ants had no right to charge winter rates for the Juno any more than for the Brown. So it will depend upon What you think of the evidence on that head whether they were right in charging winter rates or not. ‘The plaintiff's claim you will perceive, is two-fold. In the first place, he claims to re- cover the difference between the summer rates and the winter rates of towage; and then he claims over and above that, special damage for the detention ot his ship throngh an alleged breach of contract on the part of the defendant in not supplying a good tug to take him out of the Delaware river through the ice. Now, whether he is entitled to re- cover the difference betwcen the summer and the winter rates depends upon what I have already said upon that subject. On the second point as to damages for the detention resulting from not furnishing a proper tug, —if the defendants through their agent, Mr. Turner, agieed to furnish a tug to take him out through the ice, one of their tugs or -another— and sent an insufficient tug—one which was 1 ot capable of performing the ordinary duties and ordinary labor to accom. plish the usual purposes of the defendants’ tug in taking ships out,—if they sent an in- competent tug in place of theirown tug and in execution of their own contract, and that was the cause of the delay and not the cap- tain’s fear of the icea—why then, they will be responsible for that delay; because, un- doubtedly, there was an implied contract that the tug sent should be a tug that was competent, atug sufficient to take a ship of that burthen out of the river at that time of year, making allowanee, of course, for extra- ordinary, accidents and extraordinary diffi culites. Of course, if the reason that the Brown did not take the ehip out was the mere caprice of the captain, or his fears that his vessels would be cut by the ice, that relieves the de- fendants trom any responsibility about it, because, if the vessel was there and capable of doing the work—-as Mr. Churchman, by the by, said that she was, just as capable as the other tug—and the captain, apprehend- ing that he might be cut up too badly by the ice, Was unwilling to take the risk, and turned round and came back--that, of course, exonerates the defendants from any charge of having broken their contract.”— Maritime Register. ( or oe The Secretary of the Treasury is quite for right in advocating a statute of limitations claims against the Government. Some now pending are filty years old. But he should have coupled it with a recommendation that Congress s0 modify the present law as to informing claimants whose claims have been adjudicated but not paid. Tt sometimes hap- pens that by the time the Government gets around to do justice che original party in in- terest is dead, and the heirs have no idea that any payment is due trom the Govern- ment. A statute of limitation should be coupled with provision for all such cases. Fair play and common business honesty should characterize all) government deal- ings. eras — = ______— Mr. Hutchinson has sold the D.C, West !to Swift Bros. for $1,200. GENERAL NEWS. Engineer Wright recommends $60,000 for the improvement of St, Joseph harbor. Bultalo this year shipped 1,250,000 tons of coal and received 64,150,000 bushels of grain by lake. It is said that fewer vessels will be built in New England next year than have been built this past year. Many shipbuilders on the Clyde have no- tified their workmen that wages will be re- daced at the beginning of the year. During the month of Novemter eighty- nine vessels entered the port of Racine and eighty-two cleared. ‘The aggregate tonnage of those that entered was 35,292, H. W. Van Everv his just completed a sale of the steamer Hastings, of Kingston, owned by C. F, Gildersleeve, to Charles Chamberlain, of Toront), for $16,800 cash. @ The directors of the Southern Exposition have decided to hold another exposition in 1884, the dates to be so arranged as to not to conflict with the World’s Exposition at New Orleans. Au Additional fund of, $250,000 will be raised, The: Westinghouse Machine Company have built several fast pleasure boats for Lake Minnetonka and elsewhere this season, ‘The boats are all fitted with the Westing- house marine engine, anu have two-bladed screws of low pitch, the engines making from 400 to 609 turns per minute. | Over twelve miles per hour have been obtained with boats only thirty feet long. The Pusey & Jones Company launched from their yard at Wilmington, Del.,on No- vember 27th, a new iron twin screw propel- ler for the Government of the United States of Colombia. She is ninety feet in length. twenty-two feet beam and seven feet depth of hold. She will be supplied with two ver- tieal engines. twelve-inch cylinder and twelve-inch stroke, and improved steel beil- ers. ; Captain Louis Duboy, ot the barge L. B. Crocker, has been missing since October 20, and is said to have with him $150 belonging to the owners of the barge. His friends fear that he has been foully dealt with, He was last seen at Bay City on the date given above. Cuptain Duboy was a native of De- troit. He was ashort, stout man of twenty- eight years, and wore a small black mus- tache, During the month of November East Sag- inaw shipped by water 18,775,000 feet of lumber and 9,943,000 shingles. Bay City shipped 38,060,000 feet of lumber and 11,- 240,000 shingles. ‘Total shipments from Sag- inaw river trom opening of navigation to December 1, 770,726,000 feet of lumber, 31,- 950,000, pieces of lath, and 163,951,000 shin- gles. Last year, todate, the lumber ship. ments aggregated 858,340,000 feet. The keel for the first of the three large freight steamers under contract at Cramp’s yard, Philadelphia, for the Southern Devel- opment Company was lad last week. The vessels will each be 350 feet in length, 421g feet beam and 3614 feet depth of hold, and will have a tonnage of about 4,000 tons each. They will be furnished with steel boilers, surtace condensing engine, steam steering gear, steam winches and all the latest and most improved machinery «1d appliances. ‘The vessels will all be delivered betore the close of the coming year. ‘They will carry freight exclusively, and will run between New York and New Orleans. Captain Mart Swain, who superintended the work of raising the propeller St. Paul at Detroit, tenders his most sincere thanks to the drygoods clerks, coal-heavers, and others, who so kindly aided him in the work by sugpestions and valuable remarks, Captain Swain has worked in the wrecking business off and on, ever since he was old enough to amount toanything, and during that time has released some bouts that people said could not-be released, but he really never knew anything about the business till he commenced to get the St. Paul up. He has beon advised to write a book on ‘What I Learned About Wreeking,’? but he has drawn the line at raising sunken vessels and thinks he will be able to make a little money at that trade now, thanks to their kind ad- vice.” Some months ago, when eatering the Bay, the Pacific Steam Navigation Csmpany’s steamship Colombia was struck by lightning. The vessel was not injured as the conductor on the foremast conveyed the flash into the sea, but the forward part of the vessel was so powerfully magnetized by the current Chat alterations have been effected. When run- ning on certain courses the compasses are untrustworthy, and the movement of the wheel is sufficient to deflect them, Captain Bass, who is now in command of the Colombia, believes the steering chains and the wheels they travel on have been mag- netized by the electric current, and when the vessel reaches Callao they will be changed, The magnets on board were all demagnetized and reduced to.the condition of ordinary iron. The circumstance is rare, if not entirely new, and will attract the attention of seamen. Messrs. Houghton Bros. launched from their yard at Bath, Me., a fine ship called the Servia. Her dimensions are: Length, 234.1 feet; width, 41.1 feet; depth, 18.1 feet; ~ height, 8.3 feet. Gross tonnage, 1,866 57 tons. The vessel is owned by H, L. Houghton, L. W. Houghton, F. P. Houghton, 8. J. Meek- er, Armory Houghton, George Mason and Fred Patton, all of Bath, and E. L. Carter, of Woolwich. She will be commanded by Captain David Gilmore, of Woolwich, for- merly of ship Samaria. The ship was built for the general freight trade, and will be ready for sea in about two weeks. This ves- sel has a heavy oak frame extra planked with hard pine and strongly fastened, and is one of the best and strongest built ships ever launched in Bath. ‘The lower and top masts areset. She was coppered on her stocks. 3,500.eheets were used, and the work was dune in five days. : FIRST STEAMER AT QUEBEC, Special Correspondence of the Marine Record. Drrroir, December 4. The toilowing extract is tuking from the Quebec Mercury November 5, 1809. “On Saturday morning at eight ’clock arrived here from Montreal, being her first trip, the steamboat Accommodation with ten passengers. . This is the first vessel of the kind that ever aj peared in this harbor. She is continually crowded by visitors. She> left Montreal on Wednesday at two o’elock, so that her passage was sixty-six hours, thirty of which she was at anchor. She arrived at Two Rivers in twenty-four bours. She has at present berths for twenty passengers, which next year will be considerably augmented. No wind or tide can stop her. She has seventy-five feet keel and is eighty- five feet on deck. The price for a passage up is $9 and $8 down, the vessel supplying provisions. ‘lhe great advantage attending a vessel so constructed is that a passage may be calculated on to a degree of certainty in point of time, which cannot be the cage in any vessel propelled by sails only. The steamboat receives her impulse from an open, double speked perpendicular wheel on each side, without any circular band or rim. ‘To the end of each double shaft is fixed a square board which enters the water, and by the rotary motion of the wheel acts like a paddle. The wheels are put and kept in motion by steam operating within the vessel. A mast is to be fixed in her for the purpose of using a sail when the wind is favorable which will occasionally accelerate her speed.’’ J.W.H. Ses eeepc ANNUAL CONVENTION OF MARINE ENGINEERS. James H. Reed, President of the Marine Engineer’s Association, has issued the fol- lowing call for the annual convention: Str AND Brorners: You are hereby officially notified that the National Marine Engineers’ Beneficial Association of the United States will hold its Ninth Annual Session in thecity of Pittsburg, Pa., on Tucs- day, the 8th day of January, 1884. You will therefore instruct your rep- resentative to present himself on the morn- ing of the 8th, at nine o’clock, at the Central Hotel, Smithfield Street, between Second and Third Avenues—ample_ arrangments having been made for entertainment of rep- resentatives at a special rate—and hold him- self subject to such discipline as W. E. Rus- sell, Chairman of the Reception Committee, may deem expedient. In the selection of representatives you will be governed by the following law, promulgated by the National Association : “Associations with sixty members, or less, are entitled to one representative; if over sixty members. two representatives.— Jour- nal of 1880, p. 25.”? “Associations with fifty or more members can not be represented by pruxy.—Journal of 1880, p. 25.” Should you be unable to send a representa- tive, and desire representation by proxy’,