City of Toledo (Steamboat), U126738, collision, 1895

An Important Point in Admiralty.
      Last week, the district court for the. northern District of Ohio, sitting at Toledo, heard the personal injury claims against the passenger, steamer CITY OF TOLEDO, growing out of the collision between that steamer and the schooner. MADALINE T. DOWNING, in tow of the tug FRANK S. BUTLER, in August last Ida Sanderson was the original libelant, and in her cause four other passengers intervened. The steamer was, held not at fault, and the libel dismissed, together with two of the intervening libels. The four interveners had become such by special leave of court and in the prayer of their libels had asked that they be permitted to submit their claim with the original libelant, and did not pray for process of any kind. On dismissing the original libel, proctors for the steamer asked that the same decree be entered against all the interveners. Two of the interveners were not represented at the hearing, and the decision of the court as to them, was held in abeyance. Without the special prayer the court could probably treat the intervening libels as original libels and issue process thereon against the steamer. In view of the special prayer of the interveners, this case is probably without precedent, and it is doubtful whether the court has power to order the steamer detained.
      Marine Review
      April 2, 1896