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THE MARINE .RECORD. MARINE LAW. . MiBIlJTV.Of SIlirOWNKItS. Superior Court.—New York. General Term. Scdgewtok, C. J»:'l>uax and O'Garman, J. John 1'utoiBon respoiulent, iiguinst John Swan, appellant. Appeal by defendant from Interlocutory judgment In favor of plalntlfl entered upon an order sustaining plantlfPs demurrer to a pirtof an answer that pleaded a non-joiner ol cortaln parties who It Was claimed, should - bare been made defendants. 'JJho plalntlfl sued the defendant, as owner "of a vessel on whlchjie shipped n» seaman, fordamages for the alleged wrongful nets of the master In composinghltn to do ordinary work of a seaman when his Injuries had un¬ fitted him to do them. The answer averred that there were other owners, ,and named them. Held. That plalntlfl's demurrer to the .. answei was properly sustiilnod. Sedgcw Ick C. J.—The't omplallit charges that I ho pliilntlll was employed as a seaman on a bark lor a vojage to Java and back; that while on the vojage ho Has thrown upon the deck by reason of a sea striking the vessel, there from receiving Injutles body, and especlall} Ida arm; that the maBter proceeded to tieat blin for his Injuries, but "negllgentl} and caielessly treated and used the arm and Iniiio «f plalntlfl, and carelessly and negligent!) and wrongfully applied medicines, and bandages and other ap¬ pliances to the wounds and injuries of the plaluliB, ihat by reason of the said negli¬ gence and (be insufficient and detective sup- pi} of medicines the plaintiff's hand and arm became worse so that when the'vessel ai i h/ed at Batuvla, In the Island of Java, the same had become seriously diseased and In a highly dangerous and Inflamed condition; that the master detained the plaintiff on boaidand wrongfully neglected and eare- lissly refused to allow him and prevented hlui fiom being treated bv competent phjsicians and surgeons at Butavla, that subsequently upon the further prosecution of the voyage back plalntlfl n as disabled and unable to do duty, and without any fault 01 -negligence on his, part, but nevertheless while so disabled and while his injuries were increasing by reason of said negligent, care¬ less and wrongful conduct of said master, the sidd master ordered and compelled plain jilt to perform duty n%fi seaman, which for the said reasons he was totally unablo to per¬ form without great Injury to his health and bqdy, and^vlllcIfaggraVttled tjie salcTIrjuries and prevented him from getting cured and causing him by the reason of thesald conduct to be maliled tor life." The complaint charged that the defendant was owner and employed the master, but the answer In the defense demurred to, and, therefore, ad¬ mitted to be true in point of fact, averred that there weie other owners, and named them seaman when his Injuries had unfitted hlm to do them without making his state of body worse. 'Jhls would not necessarily be a wilful ail; It might be Inconsiderate or negligent. If It were wilful, It might mill chiiractoirze an act which was within the scope of the employment. The duty violated wasnotoneeujolnod by the contract of shipping as a seaman. It hid Its existence outside of that contract? and would ha\o been the same if the defendant was a seaman with duties to the masters and flwners by virtue of a contract made with a third party. It had regard to the part of the lelatlous of ow nor master and seaman. For this reason, If tor no other, the demurrer to the answer tlpit pleaded In abatement that pleaded In abatement that there were owners besides the defendant, and namlng^them, was properly sustained. Chltty in Pleading (87; gives the rule which Is also given (1 Saunders, 201,} "where an action in tlio cubo brought merely for tlio non-feasance of a contract, and In order to support the action a contract must be proved, and is the basis of the suit (us in case fpr a bicnch of warranty on a sail, etc.,) the joinder of too many de- Wjjtifondant& will be a ground of non-suit, and it mater I should «oom that It a Joint contractor be not Included, the defendant may plead his non¬ joinder in abatement, lor It Is not competent for the plalntlfl' in such un Instance to altor or obviate the rules of law with regard to the parties lo be sued on a contract merely by varying the form ol hl»_actioi), when, in substance, it Is founded on tlta agreement, But It must appear from the-declaration that the gist of the action Is a breath-o( contract. And with rogard to cairlersand Innkeepers as their liability is founded on the breach of an Implied common law duty of their par¬ ticular capacities If they sued In case for negligence no valid objection can be made In respect to the non-joinder of a party (Roborta v. JohiiBon, 59 N. Y., 015) followed this rule." In the present case the duty Is applltd by the law merchant, irrespective of the pro¬ visions of the shipping articles. The terms of the lnttci, however, do not appear upon the record. The parties to the appeal have not raised the question as to whether that which Is appealed from Is an interlocutory judgment. From the hearing of the appeal it Is not to be deemed that any opinion Is implied that It Is. Interlocutory judgment afllrmcd, with oosts. —JosoptnArShoudy for appeTIanfjTGeorge H. Hart for respondent^—Jfuritfme Register. 'J he appellant's counsel claims that the complaint does not state a cause of action. In Parsons on Maritime Ltrw (vol. 1,450 the law, upon the cases cited in a note, is said to be tlmt "there Is, by the general fifw mer" ohant, an obligation upon cveiy shipowner/',11. > , , * ,, . . . 11 take from the or miiBtei to provide for a seaman, who be¬ comes sick or wounded or in ilined in the dls. charge of bis duty, who;liui' at home or abroad, at sea or on land, if It be not b) his own fault, suitable care, medicines Including, nursing, diet and lodging. At first It win held that l|io statute lequlrlng a medicine chest substituted tlio requirement for. the new general requirement of law, but It may bo doutod If tills Is bo in any degree, and It seems to be settled tlmt. the general obliga¬ tion of the law, moichant lemalns in force unless the medicine cIicbi is provided with medicines and means of medical treatment which the partlcuhti case requires, and there Is sufficient skill on board to make a proper use of those medicines." The master w as the agent of the owners to perfoim the obligation that has been de¬ scribed. It mis their duty to ijse through him suitable cure. If for sufficient reason he should decline or omit to treat theseuman In any active way, ho nilghthe justified in that, but ho could not lawfully treat him In a negligent manner. If he did as the com plaint cl urges, It w us negligence in an act -within tlio scope ot his employment; for which tho employers, the owners, weie liable. This may be applied to compelling the plalntlfl .to do the oidlimij w oik of a THE EFFECT OF OIL. To the EdUoi of the .Valine liecoid. Clkvblam), 0., February 18. I notice in your paper an article from the New York Mall untiled ' Oil on the uoubled waters " It Is true a heavy swell never sunk a ship so long us the swell kept whole, but It is the broken sea that does the damage, and as I have been a sea-faring man nil my life, I have had a little expeilence in this di¬ rection and I know tliat If yoii throw oil on tlio water w here It is deepfiay from eleven fathoms up, you have the xleslrod effect But writer's suggestion on tha wreck of tho City of Columbus, ho mrght JiiBt as well spit on the water as to throw oil w hertfwavcB break on rocks and 6hoals and in such a terrible gale as raged when the Colnmlius was lost For wherever there Is a shoal or a reef of locks, some two fathoms and some five, vou mlglit have a sea of oil and still tho waves would break If It Is blow¬ ing haul, for the force of the wavo comh|g in on tha shallow water rises so steep that It Is bound to break. Now jou mast not torn pare the naves jon see breaking on tho lake shore with tlio waves on the Atlantic. I mlglit say a great deal on this subject but I will not at present-. However, eno or two facts I would like to mention. I havo seen many times the great mountainous waves roll In from the Atlantic from fifty to seventy feet high and break with such force on rocks and shoals, seven and ten fathoms deep, as to teat oil seaweed and shell fish from the bot¬ tom In heaps, I have also seen theao waves break on tho shore at tho base of cliffs five mid six hundred feet high and go clear over the top oi those clllls In a white elnuj. So you can have an Idea w hat effect oil would have gtt those waver. Skajun. GENERAL NEWS. The Florida Ship canal project Is In the hands of a now company, which proposes to absorb the old companies and start all ovCr again. The American Shipbuilding Company has reduced Its capital stock from $750,000 to $300,000. The coriipimy has a great deal of work on hand and expectsneveial new con- contracts. William Watts, watchman of tho steitnw Warron, at Chattanooga, and a deck hand quarreled. Both fell Into the river and Were drowned. Oliver Edes, originator of the vast indus¬ try of machine rivet making In this country, died at bis home, Plymouth, Muss., of Brlght's disease, aged slxty-uilnc. Commander Goodrich leaves the Thetis, reiontly purchased by America for the Greely relief expedition^ and takeB com¬ mand of tho Alert, the sloop ol war which the English Government adds to tho expedi¬ tion. The Thetis, sails for America iioit week. Mr. Houseman reeolvcd a letter from W. O. Ilughart, picsident ot the Grand Rapids & Indl ma railroad, also one from District Attorney Stone, ol Grand Rapids, with ref¬ erence to seeming an appropriation for es¬ tablishing a breakwater at Mackinaw City. The Importance of this work Is clearly set forth lu these two letters. Mr. Hatch will J offer a bill making the desired appropriation. The principal object at present Is to have the work approved by tho board of engineers and operations commenced. A meeting of the directors of the White Star Line of boats mis held In Detroit re¬ cently. Tho following directors, were pres¬ ent: Henry Howaul, A. N. Moffat, C. A. Ward, of.Port Huron;' W. K. Mulr, ol De¬ troit, and'Mark Hopkins, of St. Clair. The first three named were elected president, secretary and treasurer, respectively. Tills company will run the Idle wild and Evening Star on the river route the same as last fen- son. There Is some talk of building a new bout for this lino but it has not assumed definite shape. This much is certain that nothing will be done in tlintdirection before next winter. Steam boilors aro usually provided with a glass tube connected with the boiler in such a manner as to show the height of the water within. Being heated Intensely by Ehe wa- tci within, they frequently crack If, a draught ol cold air strikes them from with¬ out. This may be prevented, says 'the In¬ dustrie Blatter, by using two concentric glass tubes. Between the Inner and the outer tubes an elastic strata of air Is impris¬ oned that protects the Innor one from draughts, tho outei one from heated water. Both tubes are packed u( each end in brass couplings that connect With the boiler, aifclTsilvei Cieek, and In a few moments It is icpoited that a new boat will bo put on the lake shore route. both form but a single instrument. It is understood that Messrs Henderson Brothers havo arranged to run the steamer Austral In connection with their big ship, the City ot Rome, In the Liverpool service of tho Author Line, during the coming summer season. The Austral is a compara¬ tively new vessel, built in 1882, of 5,588 tons, her dimensions being> Length, 460 feet; bi-eadth, -18 feet J Indies, depth, J! feet. Shu has engines of one thousand horse-power, and Is expected to make the vo}age between Queenstown and New York w Ithln the sev¬ en days', and will therefore be a fitting con sort to the City of Rome 'Hie Austin! bus received an extenslvo overhaul and 1b In splendid condition. During the approaching season of naviga¬ tion the fleet of-ecean steamers trading with Montreal will be Increased, perhaps mare than during any preceedlng one. To the fleets of tho regular lines seven steamers will be added with an aggregate tonnage of 32,200. Tho All'on line, which already has two largo steamers building to be launohed during the summer, has given the order for another, and tho other lines with vessels or¬ dered ure pushing the builders to get them afloat. During tjie summer, tho Allen line 111 launch the Immldlan, 0,100 tons; the Siberian and Carthaginian, 4,000 tons each. Tho Beaver lino will add to their fleet tho Lako Supoiior, 5,200 tons; and the Domin¬ ion line the Vancouver, ef 6,700 tons. This vcsstl will be an Improved second edition of the Innian Line's City ot Clileago. Tho Thomson Line plying between Montreal and Liverpool, are getting built two steam¬ ers of 3,000 tons each. LOSS OF LIFE AND TREASURE. Special Correipmdtnet Marine .Record Dtrrnorr, February 25. Were It possible to' dialn or lay bare tho western lakes the exhibit of engines which, from the beginning to the present era have gone down with their hulls, would be mnr- vellous and exceed ten millions of dollars. This summary of lost machinery does not in¬ clude thoBO which have been broken up, stranded or wrecked, but simply such as have dlBappeard and were |iovor seen after¬ ward), oocatloneiPoltrjcr by fire, foundering, or having been sunk by collision, and only In one Instance stranding, which was tho steamer George Washington- on Lake Erie In 1833. Of the number of stioh losses sixty-fl'vo wore sldewheel steamers and 121 propellers or tugs, which. In a ' few Instances, Instantly disappeared by exv plosions, and In all a total loss of 2,041 lives. Lake Michigan shows up a record by the loss of-eighteen sldewheel steamers, thirty-eight propellers and 1,037 live*, 025 of Which num-- ber were*lost on the first named boats. Lake Erie presents an exhibit of twenty-two slde- wheelersnnd thirty-two propellers; 940 lives from the former and 137 fiom the latter. Seventeen "sldcwhcelers wero lost on Lake Huron and twenty four piopellers,occasion¬ ing a loss of 04 lives from the former and 250 from tjho latter. On Lako Superior, five sldewheel and six screw boats, wjth a total Iosb of 83 lives, disappeared. Those of Lake Ontario were not so great as on the other waters, when a comparison Is drawn, being only two sldewheel losses and eleven pro¬ pellers, with 189 lives. The lost engines on the Detroit and St. Clair rivers were oc¬ casioned, with one exception, by explosions. Georgian Bay, which, aside from Lake St. Clair, is the smallest of all the other basins, being only 130 miles long and 55 u >les broad shows up a bad tecord, and in a violent gale' with the wind In the right quarter, gets up a more spiteful sea than most of the others. It Is only within a recent period that there has been much of any tnfflc in that direc¬ tion. Yet within a very few years one side- wheel boat was engulfed In those wuters, und five propellers, and 257 lives wore lost, no less than 120 golngdown on one steamer. Two of the most serious casualties occuriug on Lake Michigan, was tho burning of the propeller Phoenix in 1840 with 100 lives,and the sinking of the Lady Elgin In September, 1800, with 388 lives. Lake Erie occupies a prominent place for noted disasters and had more of a like character tha'n any of the others, having been earlier traversed. The record shows that on Mils lake occurred the first explpsion and tho most alarming fires, two of which can rarely be found on record; Tha fine steamer Erie, August 4( 1841, was enveloped suddenly In flames, off 250 lives had passed out of time, meeting the most horrible of deaths. The steamer G P1 Griffith met u like fate off Chagrin, June, 1850, and Inside the space of twenty minutes ' 325 lives had succumbed to the fiery demon. J. \r ii. UNSUBMERGABLE LIFEBOAT. Sftzial Correspondence qf the Marine Record Bupfaio, February 25. D. P. Dobbins, superintendent of this lite saving district, sent last week to the Shark river life saving station, on tho coast of Now Jorsey, a very handsome now lifeboat 24 feet long, Cjij feet beam, 2 feet 2 Inches deep, fitted foi carrying twenty-six persons re¬ gardless of the weather. She Is sharp at both ends, and Is an uiiBubmergable, self-' righting and solf-balllng boat. Her hull weighs 1,050 pounds. She Is ballasted with 450 pounds of cork which fills licr entire hold. Her turtle-hack air cases at each end are fitted for the conveyance of invalids, women or chlldten free from exposure- In stormy -weather. She was built by VVm. Hingston & Son, yacht and beat builders, BuQalo,-lrom designs by D. P. Dobbins. Superintended Dobbins Intends to have similar lifeboats built for tho life saving sta¬ tions In his district, which comprises Lake Erie, Lake Ontario and the Ohio liver. T. W. ■ * The Morrison bill, as it now stands, puts iron oro nn tlio freo list. There is high au¬ thority for tho statement that the committee will withdraw Iron ore from tho frco list and subject the article to tho horizontal re- , ductlon of twenty pel cent applied to the metal schedule.