THE CALVIN S. EnwABDS.
THE CALVIN B.EnWARDB.
February 18, 1891.)
of Appeatl, Second OWCUU.
BBlPPING-DUAGE TO CARGo-P,IIRIL 011' THE SEA.
Oil the evldellce,heW, that the damage suft'ered by the cargo of the Calvin B. Edwarils was 1I0t occasiolled by the negligellce of her master alld crew, but wu due to perils of the sea, alld hellC6 that the vessel was not liable for such 10s8.
Appeal froin the DistrictCourt of the United States for the, Eastern District of New York. Affirmed. 'In A!linil'lllty. Libelant shipped on boardof the schooner Calvin S. Edwards a cargo of lumber to be transported from Norfolk to New York. The vessel encountered a severe gale, which lasted for 16 hOUrs, and which left her leaking so badly that her master and crew abandoned her, being taken off by a passing boat. Thereafter she was picked up, and towel! to New York, when both she and her cargo were sold in a suit brought against them 'to recover salvage. See 46 Fed. Rep. 815. This libel was filed by the owners of the cargo, who claimed that the schooner 'Was a.bandoned, not by reason of perils of the sea, but because of the negligence of her crew; also that she was unseaworthy, being 31 years old. The district court delivered the following opinion: "Tbeevidence does not show that the omission to perform the contract of the elh'tledn' regard to the'libelatlts' lumber arose from unseaworthiness of the vessel. The fact that the forward pump was out of order is Dot evidence that the vessel was unseaworthy at the time of the charter, nor does the evi dence show that the leaking of the vessel arose from the schooner's being old. Many vessels as old as this are seaworthy for the purpose of carrying a cargo of lumber. Neither does the disaster to the vessel appear to have arisen from negligence on the part of her master or crew in the navigation. What caused the abandonment of the voyage was the severe storm which the vesleI endured for sixteen hours, during which time nearly all her sails were blown away, her foreboom broken, her boat washed 'away, both anchors parted from the chains, and all the fresh water either washed overboard or spoiled. The condition in which the vessel was left by the storm justified her abandonment. ' The libel must be dismissed, with costa." Peter S. Carter, for appellants. Robert S. Minturn, for appellees. Before WALLACE and LACOMBE, Circuit Judges. PER Cum:AK. Weare satisfied with the opinion of the court below in &his case, and affirm the decree.
the 'Rolf BOyd. The ROlf; boJltld from, Havre to Sandy Hook, was saifing at. least with tti,e'winc1'onlieratarboard aide, "The Boyd',bound from New York'to llilng Kong, had the wind on her port side;'Rer contention'was that ahe was sailing olosehauled. The Rolf's witnesses asserted that the Boyd also WIlo8 " sailing fl'lle.The,B9yd 'Ii4 put her hlllmUP after " 'OOllisioll' wail in8"¢itd.ble, bu't was s'mott'OD her sun'board' siijll. Held, on the endence, that the Boyd, 1108 well 1108 the Rolf, was'salling free; and hence, under the ;> an,.'l4, 18t. at Ltrl'll,',P, Boy4 was . ' bound to'avofd,tbe Rolf, whlchhdd tll8 wind on her ItBtboard 8lae. and wu liable :ifor her, failure: so to ,do. " '7: Fe<t atlll'lD8d.. : ::
CoLLISION-SAIL VIISSELS CROSSINo-:-;gOLLISION RULli&, MT"l4.(o,) C, Olli,81, ',01;1 o!!,curre,d pn, 10,he htgh;/Ie,I,""','; C?n"110 o,lear, g. 'between
4nts., , ',." ,:
, In 'Admiralty. " Appeal District Court of the United Stat. of New: y"ork. Affirmed. ',.win!!I' Slwud'!J k Putnam, (Harrington counsel,) for "ppel.
, Butk:r,StilJ,man k H'!-£bbartl,(WilhelmusM:vnder,."of Counsel,) for
",' " ., Before WALLAOE and 4COM:B:Ei' '" Judges.
tiliacasetNul affirm the decree.
the com below iD
To J()UF. WINSLOW.
(DUtrtct Oout1, 8. D. New Y&r1c.
BtrLlUUIl,iJ)""LJ.NDiNO OUTSIDII-Rrax. . The landing of 110 heavy vessel in a strong tideway outside of a light .,essel, which , Is lawfully at 110 bulkhead, iB wh,olly at the risk of the V8Ssel80 attempting Y ,land,ancbAe ·.,bblefor any.inilU'Jl'Jihe may inflict an ,the tresllel. at reBt. &. S.uu:-TUG AND TOW-!HPROUR LANDING-W1UIN ,60'/.'.: , . ' Where 110 tug with 110 tow alongside attemptB to'land. outside another boat, and both tug tow concur in making the attempt, and 110 had landing is made throuA'h the influence of both, both are responsible for &l11, .uoh laIldlDg m&J' ocoaaioa.
In Admiralty. Libel for collision. Glryenter k MOBher, for libelant.