« SebelumnyaLanjutkan »
ber, 18—, and in and by said policy of insurance the libelants agreed to in. sure the said D. & W., as well in their own name as for and in the name and names of every other person or persons to whom the same did, might, or should appertain in part or in whole, and did cause them and each of such persons to be insured at and from New York and [or] Philadelphia and [or] Portland and [or] Boston to London and [or] port or ports, place or places, on the west coast of Great Britain, upon any kind of goods and merchandise against loss or damage arising from adventures and perils of the sea and all other perils, loss, and misfortunes that might come to the hurt, detriment, or damage of said goods upon the voyage; that by the terms of said policy of insurance the libelants A. and B. each became insurer in the sum of £— British sterling, of said £5000, British sterling, which was the total sum covered by said policy, and the other libelants each became insurer to the extent of £— British sterling, and the libel. ants agreed to become insurers in such proportions upon any shipment declared under the said policy of insurance; that thereafter and in the month of June, 184, D. & W. declared insurance upon said lot of three hundred and ten tubs of butter to the amount of £555, British sterling, for the benefit of the owners of the said tubs of butter, and they further declared insurance upon said lot of one hundred and two boxes of cheese in the sum of £150, British sterling, for the benefit of the owners of the said boxes of cheese, and the said insurance was accepted and indorsed by and for the libelants upon said policy, said sums insured being only equal to or less than the true value of said goods.
Sixth. The aforesaid collision occurred as follows: The X., up to within a very short time before the collision, was proceeding on an easterly course at the rate of about fourteen miles an hour, which speed she maintained until the collision; and the said steamer Y., up to within a very short time before the collision, was proceeding on a west by north course, bound from Liverpool to New York, at a high rate of speed; the sea was smooth, and there was little wind, but there was a dense fog, in which the said steamers had been running for a long time before the collision; neither vessel had sufficient lookouts; both vessels were giving at intervals signals with their steam-whistles. While so proceeding, the officers of the steamer Y. beard the fog signal of the X. over the port bow of their vessel, and gave orders to the man at the wheel to port, which order was executed; and the officers of the X. heard the fog signal of the steamer Y. over the star. board bow of their vessel, and gave orders to the man at the wheel to starboard, which order was executed. A few minutes later, each steamer became visible to those on board of the other steamer, close at hand; whereupon those in charge of the steamer Y. ordered her engines to be stopped and reversed, but before any perceptible influence was exerted on the speed of the steamer the two vessels came into collision.
Seventh. The collision was due to the fault and negligence of those in charge of the steamers X. and Y. respectively, in that they were proceeding at too high a rate of speed, in that they had no good and sufficient lookouts, in that they did not give the proper signals by which to indicate each to the other their respective courses and movements, in that they did not heed and note the signals given by the approaching vessel, and in that they did not stop and reverse their engines before the collision and at such time as to overcome their headway, and to the fault of those in charge of the navigation of the steamer Y. in that they ported their helm and did not hold their course, and to the fault of those in charge of the navigation of said steamer X. in that they starboarded their helm instead of porting; and the said collision was not in any respect due to the fault of the libel. ants.
Eighth. By reason of the premises and the collision aforesaid, and the resultant loss and destruction of said lots of merchandise, the libelants as insurers as aforesaid became liable to pay, and have paid, on or about the 15th day of August, 18—, to the said F. G. & Company, for the loss as aforesaid for said three hundred and ten tubs of butter, the sum of £555, British sterling, and for the loss and destruction of said one hundred and two boxes of cheese as aforesaid, the further sum of £150, British sterling, and have become subrogated to all the rights of the owners of said mer. chandise, and that they have received the sum of £69 1 2, British sterling, being allowance in general average for goods jettisoned.
Ninth. By reason of the premises and the payment aforesaid, the libel. ants have sustained damages in the sum of £635 18 10, British sterling, equivalent in money of the United States to three thousand and eightyfour Boo dollars ($3084 10o), with interest thereon from the 15th day of August, 18—, no part of which has been paid, although payment thereof has been duly demanded by the libelants.
Tenth. Said steamers X. and Y. are now within this district, and within the jurisdiction of this court.
Eleventh. All and singular the premises are true and within the admi. ralty and maritime jurisdiction of this honorable court.
Wherefore the libelants pray that process, in due form of law and ac cording to the course and practice of this court in cases of admiralty and maritime jurisdiction, may issue against the said steamships X. and Y., their engines, etc., and that all persons claiming any interest therein may be cited to appear and answer the matters aforesaid, and that said steamships X. and Y., their engines, etc., may be condemned and sold to satisfy the claims of the libelants aforesaid, with interest thereon from the 15th day of August, 18—, and costs.
A., B., C., & D.,
By H. B. B., Attorney.
SS. District of Maryland. H. B. B., being duly sworn, says that he is the attorney in fact of the libelants above named, none of whom are now in the United States; that deponent has read the foregoing libel, and the same is true to the best of his knowledge.
H. B. B. Sworn to before me, this
Notary Public. D. & F., Proctors for Libelants.
FORM II.- INTERROGATORIES ANNEXED TO LIBEL. District Court of the United States for the Eastern District of New York, THE W. MARINE INSURANCE CO., Libelant,
against THE C. STEAMSHIP CO., L'D, AND ANOTHER, Respondents. Interrogatories propounded by the libelant to the respondent, The C.
Steamship Company, L'd, which it is required to answer by its officers
or its duly authorized agents or servants in writing and under oath. First Interrogatory.- By whom were the 760 sacks of four mentioned in the fourth article of the libel herein delivered to the steamship X., and by whom were they delivered to the respondent, The C. Steamship Company, L'd ? State fully the circumstances attending such delivery as well to the X. as to the said respondent, giving time and place of such delivery.
Second Interrogatory.— Did the said steamer X. or the said respondent give any receipt for the said 760 sacks of flour or for any of them to the person or persons or corporation delivering the said goods ?
Third Interrogatory.- Have you or have you ever had what purported to be a copy of the bill of lading issued for any of the goods referred to in the fourth, fifth, sixth, and seventh articles of the libel herein ? For which of the said goods have you had such copy of bill of lading? From whom did you receive each such copy, and when and where ? Answer fully, stating particularly which lots of cargo were covered by each of such copies of bills of lading. Were such copies of bills of lading such as are ordinarily known as “ship’s copies" or "carrier's copies"? New York, November 9, 18–
Proctors for Libelant.
FORM III.- LIBEL IN PERSONAM WITH CLAUSE OF FOREIGN
To the Honorable John T. Nixon, Judge of the District Court of the
United States for the District of New Jersey: The libel and complaint of
residing at Brooklyn, N. Y., and
residing at —, and - residing at for themselves as sole owners of the late bark K., and of her tackle, apparel, and furniture, and in behalf of the shippers and owners of the cargo laden thereon, as carriers thereof, and
aforesaid, as master of said bark, for himself and in behalf of the officers and the survivors of the crew thereof, as owners of their personal effects, against the — Company, a foreign corporation, in a cause of collision, civil and maritime, alleges as follows:
First. That at the time of the collision hereinafter set forth the libelants were the sole owners of the British bark K., which was a vessel of 1186 tons register, and was up to the time of said collision stout, tight, staunch, well equipped and appointed.
Second. That at the time of the collision hereinafter set forth the respondent was, and for a long time previous thereto had been, a corporation created by and existing under the laws of a foreign government, to wit: the Empire of Germany, or of some kingdom or free city that has now become a part of said empire, and owned or chartered divers steamships with which they navigated the ocean. That among other steamships, owned by said company, was the steamship V., which said company em. ployed in carrying cargo and passengers between the ports of - - and New York, and at the time of the collision said steamship was in the possession of the agents or servants or mariners employed by said company, and was being navigated by them.
Third. That on or about the day of 18—, the libelants' said bark, with a full and valuable cargo of cement, pipe-clay, and empty petroleum barrels, and other merchandise, left the port of bound on a voy age to New York, under command of a competent master with a good and sufficient crew, and being well furnished and provided with all requirements for navigation, as required by law.
All went well until the day of — 18–. At about two o'clock in the afternoon of that day, the bark came into collision with said steamship V., when in about latitude 41° 08' north, and longitude 65° 08' west, as ascertained by dead reckoning.
The weather was thick, with snow squalls and dense vapor; the wind was blowing strong from west northwest, and the bark was sailing on her starboard tack close hauled, heading about southwest by south, and mak. ing an average rate of speed of about four knots an hour. All sails were furled, except the foresail, fore lower topsail, main lower topsail, reefed upper main topsail, inner jib, fore topmast staysail, main topmast staysail, main trysail, mizzen staysail, and reefed spanker.
The mate was in charge of the deck, and a competent lookout was stationed on the top gallant forecastle of the bark, by whom single blasts were made with a fog horn at short intervals of about a minute, and by whom a careful lookout was kept. A competent able seaman was at the wheel. The rest of the watch were all at their posts, listening carefully for signals, and looking out for other vessels.
Two or three minutes before the collision, the mate, while standing on the forecastle head — the vapor suddenly lifting or clearing-saw indistinctly the bow of a steamship, which proved to be the V., and which appeared to be about half a mile distant, and off the bark's starboard bow, and about four points forward the starboard beam, heading for the bark. The bark kept steadily on her course by the wind, and the lookout made one loud blast of the fog horn towards said steamship. Almost immediately, one short blast of the whistle of the steamship was heard, and she was seen to be under a port belm, carrying full sail, and approaching at great speed, and heading to cross the bow of the bark. When the bark was two ship’s lengths off from the steamship, and a collision was inevitable, the helm of the bark was put hard a port to deaden her way and lessen the damage, if possible, but the steamship's port-quarter came into collision with the bark's bows nearly at right angles. The force of the collision carried away the bark's jibboom, bowsprit, foremast and all gear attached, and smashed the bows completely in, cutting away the deck frame aft to within one beam of the forward hatch, and cutting away all the stem
above the twenty-feet line — the bark drawing at the time about fourteen feet of water-and carrying overboard and drowning two men who had remained at their posts of duty on the forecastle head.
As said steamship passed on to the leeward of the bark horns were blown, the bell rung, and shouts given to the steamship to stop. The steamship passed out of sight, the vapor and snow shutting in thicker. Afterwards it cleared again and the steamship was seen lying to leeward, and soon after was seen signaling, asking if the bark was leaking. The bark, not then knowing the extent of the leak, replied, “Do not abandon me," and signaled for a boat from the steamship. A boat and crew thereupon came up and inquired of the master whether he would abandon the bark.
At that time the full extent of the injuries to the vessel was unknown. The master, therefore, declined to abandon his vessel, and requested that the steamship should lie by him until morning, which the officer in charge of the steamship’s boat promised and agreed to do, and thereupon returned to the steamship.
The bark was found to be leaking, and shortly after the departure of the steamship's boat the wind increased. The maintopmast head with the mizzen topgallant mast was carried away, taking with them the main topgallant mast with the yards attached, which fell on the deck, partially disabling the captain and the sailmaker and breaking the starboard boat and doing other injuries. Nevertheless, every effort was made by the officers and crew to save their vessel by throwing overboard cargo to lighten her forward, by cutting away wreckage, and by closing over the bow with a sail. The waves washed violently over the bow, threatening the lives of the crew, tearing in pieces the sail, and rendering vain all efforts to close the breach made by the collision.
During the night the storm increased to a heavy gale, and the pumps had to be kept going constantly, the vessel laboring fearfully in the fierce sea, the officers and men expecting her to founder at any moment. When daylight came the weather was clear but overcast. On going aloft no steamer was to be seen. The men of the bark then discovered that they had been deserted by the steamship in spite of their repeated requests and the promise of the officer to lie by them during the night.
Thereafter, on Saturday and Sunday, the officers and crew had to make extraordinary exertions to keep their wrecked vessel afloat. As many men as could be spared from the pumps, which were kept continually going, were employed in attempting to board up the broken bows, which were pitching into the heavy seas and rendering their efforts unavailing. On Monday morning the vessel was on a severe cross-sea, the officers and men were almost overcome by their exhausting labors, when the steamship R. hove in sight. The bark set a signal of distress. The R. bore down, and succeeded in sending a lifeboat to the rescue of the survivors upon the wreck. The sea was running so dangerously that the boat dared not come alongside but remained over a hundred feet astern. The master and the survivors of the crew were lowered over the bark's stern and hauled through the sea to the lifeboat,- the master being the last to leave the vessel,- and were taken on board the R., having lost all their personal effects, and were humanely cared for until, on April 2nd, 188–, they were safely landed at Antwerp.