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THE MARINE. RECORD. MARINE LAW. COLLISION—VALUE OF, VESSEL ASCERTAINED J1V COBT 01" CONSTRUCTION AND STATE- OS MAMtBT. J DtiMct Court S. D jv"cto Tori;Feb'y. G, 1884 Exceptions to Corhmlssloncrs report. Scuddor & Cat tor and Geo. A. Black, for 'libelant*!. % Foster & Thomson' nnd R. D. Benedict, for respondents. Brown, ■>. The schooner Job M. Leonard 1 having been sunk In the Atlantlu ocean, oft' Long Island, on April 18, 1877, through a collision with the steamship Arrngon, oWnod ' by the respondent, this court, by Its decree in November, 1870, found both' vessels In fault, and It wlie referred ton commissioner to.nscortali) lhadnningea. Loonard v. Whit; will, 10 Ben. 038. Exceptions to the report have been tiled by both parties. The value of the schooner at the tlmo'ofthe loss luis been reported nt $20,551,. On the part of the libelant three witnesses who had seen the schooner testily that her Value at the time of the loss|waa nl lenst $26,000; other witnesses for the libehhit estimate her at from $25,480 to $33,000'. Witnesses for the respondent place her valuo at the time of the loss from $13,750 to 18,000. In this wide discrepancy, the mode of ascertaining the value udoptcd by the commissioner was to take her cost of building, $24,000; In 1874, the deduct there¬ from 6 per cent, per annum for deterioration up to the time she wa's sunk In 1877, add the coit qf a now set 0? sails recently put 6n her, less a slight reduction for a short period of use, and then from this deduct 5 percent.' for the difference In the cost of building and consequent markervalue between the year 1874 and the year 1877. The libelant's principal exception is to the mode in which the commissioner arrived at the value of the ship, as above stated, Insist- ' Ing that as evidence of her market value was given by persons who had seen and knew her the commissioner bad no right to resort to other methods. 'Dm Colorado, Brown, Adm. 411; The Ironmaster, Swab. 443; Dobree v. Schroder, 2 Mylno & C. 489 While it Is undoubtedly true that the best single class ol evidence ot market value is the opinions of competent persons who knew the vessel and w ho knew the suite of the market at the time of the loss, it does not follow in any given case, ibeeuuso witnesses testify to certain luets, that either the com. niissloner or the court is shut up to their evidence without giving iiny^heedJo_other kinds of evidence which may he offered. Tile cases cited by the appellant recognize equally the competency ol evidence ot the cost and deterioration as bearing on t|ie amount to be njlowod. Where Irom stugtmlion in the market at the time of the loss there Is diffi¬ culty In fixing the precipe market \alue, a resort to other" modes of ascertaining It, especially where the vessel has been built but a few years, is at least allowable to be taken Into account In arriving »t a con- . elusion. The evidence shows that in 1877, when this vessel was lust, the market for sailing vessels was in a state of stagnation, and it was almost impossible to aseertam any actual sales which would turnish pioper data or any criterion for the determination ol the hoi mil market value. The different values sworn Hi are uttei nil but mere estimates, and not based on knowledge of similar Bnles_ in 1877. It is impossible In such cases to determine the amount to be allowed with mathematical certainty. I do not And from the evidence sufficient season to Interfere with the result at which the commissioner has In this caso arrived. In the ease of The North Star, 15 Blatchl. D32, the value put upon the Ella Wurlcy by the witnesses'vailed from $25,000 to $140,000; the court fixed it at $42,000. In the case of , the The Utopia, 16 Fed. Rep. 607, the estl- $16,000; $10,000 was allotted, Tim charges of the captain for superin¬ tendence during tl)o const!notion of the ship were, I think, rightly disallowed as no proper part of the cost of her building. Anothor'ltem excepted to by tlio Ubolitnt is the allowance by the commissioner of certain expenses incurred by the ship In providing lor the captain and crew, In con¬ sequence of the sinking of the schooner at the time pf the collision. These men wcie obliged tota^e refuge upon the steamer; In¬ stead of taking them with her to Europe, she ' returned towards New York, and after pro necessarily devolved upon lhe~Arragoul which was substantially iiulujuied by the collision; and the expenses necessarily at¬ tending such care should be deemed to have been Incurred In the pprfoimance of a mnil- time duty, and not as a meie voluntary charity. Practically theqe expenses weie unavoidable. They were the Immediate and necessary leBiilt of the'collision, and consequent sinking of the schooner; and as the collis'ou arose Horn the joint fault of both, these charges which wefe the unavoid¬ able result ot the collision, should be held to be at tho expense of both. There Is no reason why they should be borno by one rather than by the other, In a court of Ad¬ miralty, at least, the obligation to provide for-the master and crew ot tho sinking ship should bo regarded iib obligatory, so fur as to entitle the ship rendering assistance to tho other to bring the necessary expense of doing so Into the common account. The Arragon, In this cuee, moreover, was an English steamer, and by 25 and 20 Vict, c, 03, §83, failoro to render siidi assistaifbo is declared to be misconduct; and by that act the duty was imposed upon iter master to render to the other Blilp and to her muster, crew and passengers such assistance as might be practicable, and failure to do tills mates of value ranged between. $8,0^)0 anuVHs not only made'presumptlve evldonce that 'In estimating the valuo of the enpjatn's furniture and peisonal affects, certain de¬ ductions wefe nmdejty the commissioner from the co*t prion, varying on some articles from 10 (6-BQ .per cent., while on the re mainder tho market value, at tho time of the los«, was allowed. Where articles have been In use for a considerable time, the owner has no right to Insist on the lull cost price because ho may claim that they are to him as good os new. A reasonable deduc tlon may certainly bo matte from-thVcoBt of such articles, having reference to the period and manner of their use, as might be done by a Jury In similar cases in nn -action at commpn law. Jones vs. Morgan, 00 N. Y. 4, 10, As regards this and the other items excepted to, I think the commissioner's re¬ port should bo confirmed. NAUTICAL NOTEs: '1 he first ol the oie carriers arrived at Es- cauabaonthe 24th, the Massachusetts and and Minnesota.' It is reported that the Illinois supreme court has -decided that the Chicago smoke ordinance Is unconstitutional. The Bteambarge Mary Mills was the first boat through the Straits. She passed upon the 24th and kept the regular course right through. • Colonel John McDermott, of Bay City, purelia«ed the little schooner J. B. Handy ut mortgage sale, and says he will make a screw wheeler of her. A sum of money has been raised At Mt. Cletrens which' is to be applied to the dredg¬ ing of Clinton river. When the Job Is com¬ pleted tho channel will be 38 feet wide lind 10 feet deep from the mouth to the city. The yacht Flora, which had such n disaf- trous voyage on "Old Cuyahoga" last Bum¬ mer, has been sold bv her owner, Jamet Corrlgan, to parties east for the purpose of currying pleasure pintles, on some inland lake. The contractors, who have failed in rais¬ ing the tug Protection, sunk at Saugntuck last lull, have given notice to Hint effect. Cnpl'nln Higgle (loos not abandon hope of saving his tug, and will let a contract to other purtieB. During the season of 1883 themrrlvals at Pou Arihnrweio 183 American vesselB, ag¬ gregating 85,201 registered tons, nnd carry¬ ing 1,035 souls. In that season 120,000 tons of coal were carried to that port In Anted-, can bottoms, and at, a low estimate theie will be 200,000 in 1884. In the esse ol 8. A. Murphy against the barge Butter,' which una engaged In the coal currying trade between Sandusky and upper lake ports last senaun, the United States Court at Detroit has rendered judiv nii-nt in favor of Mnipliy foi $2,146". ~" ~* , , Bv the last report of the Treasury Dp- rer and crew, upon ihesinkingoltliejr^lujv-ryurtment on conimorco and navigation we ie~Arragou. le. ' " ccodlnga part of the way, camo up .wltli-ii pilot boat, to whtc.li she transferred the cap¬ tain nnd crew of the Schooner, paying £26 %&r conveying them to New York, where¬ upon the steamer turned about and pro¬ ceeded on her voyage, The steamer was detained in this way about a day. rind 'con¬ sumed additional coal to the vaule ot £11. The commissioner has allowed the value of the extra coal, the £20 us demurrago for the detention of the steamer in going buck with the crew, as part of, her damages arising out of the'collision. Counsel for llbelanf'clulins that the expenses thus incurred, amounting to .£26, for the return of the captain ,nnd cre,w to New York, .were not legal obliga¬ tions oil, the part of the steamer, and are therelore to be regarded us charges vol untarlly Incurred, and not a giound of com pensittlon In this account.. Jn the case of The Mary Patten, 2 Low. 100, where both vessels were In limit, an allowance wus made to one of the Bteamers for towing Into port the other which was disabled, not by way of salvage, but as H ijiiantum meruit for an act which wits' proper and necessary, and for the benollt of both parties, and therefore as part of the damage which tho common fault had caused to the steamer. Lowell, J., says In that case that "the duty to stand by aud save life, at least, cannot be said to be of strictly legal,obligation, because no law has yet visited the offender with damages for a breach of It." Nevertheless, the obligation of the ship not disabled, In cases of collision, to render all possible assistance to the injured vessel and to her crew, has been recognized as effecting tho pecunliuy rights of the pur- tie's when suing in admiralty. In the case of The Celt. Hagg. 321, Sir John Nlcholl, In a suit against the ship that was uninjured, while he dismissed the libel because it ap¬ pears that the collision arose from no fault of the vessel sued, yet he condemned her In costs and expense's because the master hud neglected to render assistance to the vessel us requested, and after taking her mnBter aud crew aboard his own vessel, hud landed them In a stnte of destitution on the const of Ire¬ land. The schooner In this case having been mnk Immediately through the fault of both, some provision for her master und.crew wus necessary. They could not be left to drown or starve. If not returned to New York, tho nearest port, they must have bcen-titkeii to Europe and brtck, nnd supported in the mean time. The necessary care of the mas- the collision was by his own wrongful aet, but would have made the master liable to havo his certificate' canceled for misconduct. This stututc hnving thus made the assistance to the ctow of the schooner legally obliga¬ tory, there would seem to be no room for doubt that the expense to which she wus put In rendering this assistance should be held a part of tho legal damage arising from tlie collision. No objection was made to the mode la which the assistance was retl' dored. It seems to have been the most con ieurn that the total Innunge of legialereil. enrolled and licensed vessels of New Yin k is 045,646, aud of Chicago 73,107; nt Lon¬ don. 1.118,570. The figures of London are for 1881. » Captain F. B. Haukett tins secured the contract Irnm.the Canadian government to keep n light on < 'olchester reef, Lake Erie, this •season,-Biid has secured the schooner Admiral, 'which will be placed on the reef nn soon as she comeH off tho Dotrolt drydock. Captain Huokett has kept a light for twenty year" on this reef, with the exception of the last two years—which was very unJ satisfactory—and vessel men will be able to .again have confidence 'n tbe light, which Is on one of the most dangerous reefs on the lakes, as Captain Hnckett will see that it Is kept properly. Buoj'B indicating twelve nnd eighteen feet of watfcr have beeu set at Sand Beach. Red lights marking the north entrance to the harbor will be shown from Mav.l. The harbor muster's launch will not be fitted out this season unless the ponding nppro- prlntlnu becomes a law nnd wo¥k cannot be done on hrenkwutor or by dredging. 'The now lighthouse to be erected there this sen- son will be shunted nearer the north on- trnuco than the present una nnd will show a flash Instead of n bright light. It will be built on nn Independent crib Instead of on the breakwater. A red over a white lantern light, nbout eighteen und fourteen feet respectively above the water will be exhibited the pres¬ ent season at the Lime Kiln Crossing, De¬ troit rlvor, trom a scow anchored nbout •1,000 feet below tho lower dock of the C. S. R. R. and 650 feet from tho Canadian shore. The scow nnd mast will be painted red to serve as n day mari. Tho best water, sny coming down, will bo rarrlou" by passing within 200 feet of the 0. S. R. R. dock, and just crossing the Bols BlnnoRango to the eastward, keep it slightly open, until u little below tho light ship, when It may be taken up again. S. , --------- m ^ The proprietors of the lending steel works in Prussia, including Krupp, Inform their wprkmen that overproduction compels them venlent nnd reasonable that could be adopt- [ to reduce the uuiubei ol working houis. ed; this Item should, therefore, be allowed. Some threaten to stop thfelr works. PORT OF BUFFALO. OPENIKO OF NAVIGATION—DATA F6lt SIXTY- VIVE YEARS—MUST VESSELS TO ARItlVg ok ■ t'cFPAltT. v ,. ijpmM Corriipondmce Martnt IlKOrf. • _ ••' Detroit, April"28.' For several years prior to the opening of n cluujnel for the entrance of ^vessels Into Buffalo Creek, the eastern terminus for craft on Luke Erie was at Black Rook at pre«ent known us East Buffalo. Eandlngg were also mnde at Bird Island, at the bond of the Fort Erie Rapids, frhero are ttwo in- stances on record whcn/navlgntlon was de¬ layed at that <,pplnt until June, viz.: 1807 June 1st, and 1811, June 4th. Following tlie the openings for the past sixty-live years f < V. , 1810—Mtfy 0, steamer Wnlk-ln-the-Wnter Captain Rodgtrs, departs. J 1820—Muy 0, same steamer and master di'part. v 1821—May 10, same steamer and master depart. ' / 1822—April 10, steumcr Superior, Captain Jedcdiuh Rodgers, departs. 1823—April 27, same steamer and master depart. ,, . 1824—April 20, same steamer and master depart. 1825—April 23, steumcr Wm. Penn, Cap¬ tain John F. Wight, depur.8. 1820—Mny 28, steamer Henry Clay, Cup- tain Walter Nortoj), departs. 1827—May 1, schooner Boiiypr arrives. ' 1828—April 1, steamer Henry Clay, Cap¬ tain Walter Norton, departs. 1820—May'ai, steamers Clay, Cant. Wsl. ter Noiton, aud Win, Pemi, Capt. John F. Wight, depart. 1830—Api II 0, steamer Pioneer, Captain George Dalles, departs. 1831—May 8, steamer Superior, Captain W. T. Pease, departs 1832—April 27, schooner Detroit, Captain 11. Wliltaker. departs. 1838—April 23, steamer Henry. Clay, Can- tulu Walter Norton depnrts. 1834—Apiil 8, steamer Enterprise, Cap¬ tain Simeon Fox, departs. 1835—May 8, steamer Gen. Porter, Cap¬ tain Walter Norton, arrives. 1880—April 27, steamer Daniel Webster, Captain Morris T) lei. departs, 1837—May 10, stcanior James Madison, Captain R. C. Bilstol.'nnlves, 1838—Mnich 31, steamer Pennsylvania, an Ives, v 1830—Apiil 11, revenue cutter Erie, Cap¬ tain Dobbins, urrlves. 18-10—April 27, steamer Chesapeake, Cap¬ tain D. Howe, at rives. j 1841—Apiil 14, t-ame steamer and master in live. 1842—March 7, steamer Gen. Scott, Cup- laki Iru Davis, arrives. __lt>4B— May (i, steamer Julia Palmer, Cnp- tilth 'l\~3. Titus, departs.----------------,_____ 1844—March 14, stenmer United States, Captain 11. Wliltaker, departs. 1845—April 8, sauie steamer and master depatt. t 1840—April 11, same steamer aud master depin t. 1847—April 23, sleauier Chesapeake, Cnp- tiiln N. H. Warner, arrives. 1848—ApnlO, stemoer Southerner, Cap- tnln A. D. Perkins, m'rlvos, 1840—Apiil 11, steamer Sultana, Cap¬ tain U. Appleby, an Ives. 1850—March 23, steamer Southerner, Cap¬ tain J. L. Edmunds, depnrts. 1831—April 2, 'steamer Canada, Captain J. II. McQueen, departs. 1852—April 20, stenmer Ocean, Captain D. II. MiBrlde, arrives. 1853—April 14, steamer Miu/llower, Cap¬ tain Goo. E. Willoughby, arrives, 1854—April 211, stelnners and vessels ar¬ rive and depart. 1855—April 21, steamers and vessels ar- live and depart 1850—Mity 2, stenmeis nnd vessels arrive und depart. 1857—April 27, propeller Comet, Captain Wetmoie, departs. 1858—April 15, vessels and steamers ar¬ rive and depart. 1850—April 7, propeller Equinox, Cap¬ tain J. F. bnow, depnrts. 1800— April 17, piopellers Equinox and, Auixesdopait. 1801—Apiil 13, propeller Queen of the Lukes, Captain A. Brlggs, departs. 1802—April 0 propeller Ecllp'se, C«pt"h> Chiis. CroBby, depiuts. 1803-April 7, propeller Equinox, Captain J. F. Snow, arrives. 1864-Apt II 14, propeller Acme, Captain Hathaway, depnrts, 186jj>-Aprll 26, propeller Missouri and throe vessels depart. 18t5(r— Apt II 22, brig Paragon imd others depart. 1807—April 10, schooner Republic and others depart. 1808—April 11, propeller Cunlsteo, Cap¬ tain Gay lord, departs. ' 1800—May 1, propeller Dean Richmond and others depart. 1870—April 10, propeller Idaho, Captain B. Penny, departs. - 1871—April 1, piopoller Araxes M>d oth¬ ers at rive. 1872—Mny 0, propeller Badger State ami others urrl\e.