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 and residing at residing at Brooklyn, N. Y., 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 1136 tons register, and was up to the time of the 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 employed in carrying cargo and passengers between the ports of and New York, and at the time of the collision said steamship was in 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 voyage 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 the west northwest, and the bark was sailing on her starboard tack close hauled, heading about southwest by south, and making 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 topmost staysail, main trysail, mizzen staysail, and reefed spanker. The mate was in charge of the deck, and a competent lookout was 1 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 toward 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 helm, 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 jib-boom, 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 now 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 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 1 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 be 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. Fourth. That said collision and loss took place without any fault or want of maritime conduct on the part of the mariners or persons in charge of the libelants' bark, but solely through the negligence and misconduct and unseamanlike action of the officers or person in charge of the steamship V., in the following particulars among others: 1. Said steamship was proceeding at full speed of not less than fourteen knots per hour, although for more than three hours before the collision the weather had been thick with falling snow and dense vapor. 2. Said steamship was carrying all sail set before the wind, thus using every means to accelerate her speed, instead of going at moderate speed, as she was by law required to do. 3. Said steamship was not blowing proper fog whistle as she was by law required to do, and if any such whistles were blown they were sounded irregularly, or were not loud enough to be heard by vessels lying to the leeward. 4. Said steamship had no proper lookouts stationed where they are required to be; and, in particular, the libelants charge that it was the duty of the officers of said steamship to station a competent man at the foremast head, where the vapor would have been less dense and objects were discoverable before they became visible from the steamship's deck. 5. Said steamship, proceeding before the wind, was burning a large quantity of soft coal which generated a great amount of smoke that blew forward of her funnels and, being caught in her foresail and driven downward by the dampness of the atmosphere, blew ahead of her bows and obscured the view from her deck and from the forward bridge, rendering an additional masthead lookout and a reduction of speed specially necessary. 6. The officers of said steamship were guilty of fault and violation of law, in not immediately stopping or slowing their engines upon sighting said bark. 7. The officers of said steamship, having failed to see said bark by their gross inattention and neglect of the above precautions, were further at fault and were guilty of criminal negligence in attempting to cross the bark's bows instead of keeping out of her way by starboarding their helm and going under the stern of said bark, as they might readily have done, and so avoided her altogether. 8. The master of said steamship deserted said bark at nightfall, upon the wind increasing, and was thereby guilty of base and unseamanlike behavior in abandoning the survivors of the collision, and refusing to stand by the wreck until morning as had been promised in his behalf. 9. The master and the officers of said steamship were also at fault in not making a truthful report of said collision upon the arrival of said steamship at the port of New York, and, in particular, in not reporting the lives lost overboard from said bark, which casualty had been plainly visible from said steamship. 10. The officers of the V. are also chargeable with other faults and negligences, which the libelants pray they may be permitted to specify more particularly at the trial hereof. Fifth. That by reason of said collision the libelants have sustained severe damages, as follows, that is to say: They allege the bark K., together with her equipment, ship stores, and pending freight to have been of the value of forty-six thousand five hundred dollars; and that as carriers of the cargo therein, and in behalf of the owners thereof, the libelants have sustained and are entitled to damages to the value thereof, which amounts to twenty thousand dollars; that the personal effects of the master lost by said collision were of the value of five hundred dollars, and of the mates and mariners about thirteen hundred dollars, making the total sum claimed by the libelants from the respondent to be sixty-eight thousand three hundred dollars, together with interest thereon, by reason of the wrongful acts of the said company through its agents, servants, and mariners in bringing about the aforesaid collision. Sixth. That the respondent is, as heretofore alleged a foreign corporation, as the libelants are informed and believe, and that said company has property within the jurisdiction of this Honorable Court, towit, a certain steamship called the L. Seventh. That all and singular the premises are true and within the admiralty and maritime jurisdiction of this Honorable Court. Wherefore the libelants pray that process in due form of law accord ing to the course of this Honorable Court may issue against said respondent, the president or officers thereof, and that they may be required to answer on oath this libel and the matters herein contained, and that, if said company cannot be found, then the goods, chattels, and effects thereof within the jurisdiction of this Court may be attached to an amount sufficient to answer the libelants' claim, and that this Honorable Court will be pleased to decree to the libelants the payment of the amount which shall be due unto them for the cause aforesaid, and that the respondent may be condemned to pay the same with interest thereon and the costs of this suit, and that the libelants may have such other and further relief as in law and justice they may be entitled to receive. Sworn to for themselves, and on behalf of their co-libelants, this day of April, 188-. Notary Public, City and County of New York. FORM IV. STIPULATION FOR LIBELANT'S COSTS. - District Court of the United States for the Eastern District of New York. Stipulation for libelant's costs entered into pursuant to the rules and practice of this court. day of 1891, WHEREAS a libel was filed in this Court, on the by the R. R. Company against the steam-tug E., her engines, etc., and the schooner F., her tackle, etc., for the reasons and causes in said libel mentioned, and praying that said vessels be condemned and sold to pay the claim of the libelant, and the said libelant, and John Doe and Richard Roe, sureties, parties hereto, hereby consenting, and agreeing that in case of default or contumacy on the part of the libelant, or its sureties, execution may issue against their goods, chattels, and lands for the sum of two nundred and fifty dollars: Now, therefore, it is hereby stipulated and agreed, for the benefit of whom it may concern, that the stipulators undersigned shall be, and each of them is, bound in the sum of two hundred and fifty dollars, conditioned that the libelant above named shall appear and answer to the cause and to interrogatories, and shall pay all such costs as shall be awarded against it by this court, or, in case of appeal, by the Appellate Court. R. R. Co. |