158. stitution does not pass by the grant directly to the inferior courts of the United States; an Act of Congress is necessary in each instance to clothe the court with any jurisdiction. District Courts of the United States are courts of limited jurisdiction, and depend upon Acts of Congress for their jurisdiction. Congress, in this particular instance, having withheld jurisdiction, it follows that the Court cannot exercise it. "Whether Congress may, constitutionally, confer jurisdiction on the state courts, grant of which has been made by the states to the Federal Government, is a question which is not in issue in this controversy, and can only be raised upon objection to the enforcement of a decree of the State Court or of the Industrial Commission." SUMMARIES OF RECENT CASES NOT REPORTED IN FULL THE WEST CAWTHORN. C. HENRY SMITH, Libellant, vs. UNITED STATES OF AMERICA. United States District Court for Northern District of California, Southern Division, Dec. 15, 1922. Before: M. T. DOOLING, District Judge. TOWING BURNING BARGE-LIABILITY FOR DAMAGE TO THIRD PARTIES. Summary: "The libel herein rests on the proposition that those in charge of the West Cawthorn hauled a burning barge which lay alongside the ship into a position where it came into collision with a barge on which libellant's cargo was loaded, and as a result of the collision this barge caught fire and libellant's cargo was consequently damaged. The weight of the testimony, however, shows that the fire on the second barge broke out before the first barge was moved. Every thing had to be done hurriedly and there was no negligence on the part of the West Cawthorn. The libel will therefore be dismissed.” ANDROS & HENGSTLER and F. W. DORB, for Libellant. FARNHAM P. GRIFFITHS, JOSEPH B. MCKEON and MCCUTCHEON, OLNEY, WILLARD, MANNON & GREENE, for Claimant. THE TUG HAROLD. CLARK & WILKINS COMPANY vs. TUG HAROLD United States District Court, Southern District of New York, Dec. 18, 1922. Before: WARD, Circuit Judge. COLLISION-MOVING TUG AND ANCHORED SCHOONER-INFLUENCE OF UNUSUAL ICE FIELDS. DELAWARE BREAKWATER HARBOR. During an unusual run of ice past Delaware Breakwater, between Dec. 25, 1917 and Jan. 10, 1918, a barge went adrift, and the Harold towed her back to the anchorage after three days. Inside the breakwater, the ice forced tug and tow to part company. The barge came safely to anchor, but the tug was caught in ice and carried into collision with libellant's schooner, the Jessie L. Leach. The tug captain's manoeuvers in the emergency were not criticised, and the libel was dismissed. BURLINGHAM, VEEDER, MASTEN & FEAREY (Mr. WYTHE, of Counsel), for Libellant. PARK & MATTISON (Mr. MATTISON, of Counsel), for Claimant. THE EURYADES-THE ARIOSA. HENRY A. DUBOIS SONS CO., Libellant, vs. S. S. EURYADES OCEAN STEAMSHIP CO., LTD., Libellant, vs. S. S. ARIOSA AND SCOW United States District Court, Southern District of New York, Dec. 20, 1922. Before: LEARNED HAND, D. J. COLLISION-MUTUAL FAULT OF THREE PARTIES, STEAMER, TUG AND BARGE— DAMAGES DIVIDED INTO THIRDS. Collision at night, the steamer running foul of the barge, which was on the end of a 200-fathom hawser, and not showing proper lights. The tug, however, was showing proper lights, from which the steamer should have inferred that there was a tow, even though it could not be seen and identified. There was therefore mutual fault, and each vessel is held to pay one-third of the damage. SAMUEL PARK, for Dubois Sons Co. ERSKINE HEWITT, for Ocean S. S. Co., Ltd. THE LIGHTER HIGHCLIFF. 08. UNDERCLIFF TERMINAL & WAREHOUSE CO. United States District Court, Southern District of New York, Dec. 20, 1922. Before: WARD, C. J. SINKING OF LIGHTER AND DAMAGE TO CARGO-IMPROPER LOADING. 1. Charter stipulating that charterer pays for insurance, watching, towing and "all necessary expenses amounts to a demise. 2. Charterer held responsible for improper stowage by his foreman. PARK & MATTISON (Mr. PARK), for Libellant. BIGHAM, ENGLAR & JONES (Mr. JONES), for Respondent. Lighters ANNIE CARPENTER, MARY CARPENTER, S. S. CALLALA CEMENT LIGHTERAGE CO., Libellant, vs. SIMMONS TRANSPORTATION CO., Respondent, United States District Court, Southern District of New York, Dec. 8, 1922. Before: WARD, C. J. COLLISION AND STRANDING OF BARGE IN SLIP DURING GALE-EXPOSED BERTH-LIABILITY OF CHARTERER UNDER DEMISE TO OWNER. Charterer of a barge, under usual New York harbor charter of demise, with agreement to keep the boats in proper and seaworthy repair, is liable for damage caused by gale of which Weather Bureau gave notice, and of which charterer actually knew. MACKLIN, BROWN & VAN WYOK (Mr. CHENEY, of Counsel), for Libellant. FREDERICK W. PARK, for Respondent. THE TUG WYOMISSING. PENNSYLVANIA & DELAWARE OIL CO., Libellant, 08. DIRECTOR GENERAL OF RAILROADS, Respondent, United States District Court, Southern District of New York, Dec. 20, 1922. Before: LEARNED HAND, D. J. COLLISION BEFORE DAWN-IDENTITY OF TUG AND Tow. Collision of tug with tows at pierend, before dawn. The identity of the offending tug was in doubt, and the evidence of libellant's witness, who was disinterested, was accepted over that of the tug captain, whose story did not agree in all respects. ANTHONY V. LYNCH, JR., for Libellant. THE G. R. CROWE. ANGLO-AMERICAN OIL CO., LTD., vs. S. S. G. R. CROWE United States District Court, Southern District of New York, Dec. 6, 1922. Before: WARD, C. J. SHORTAGE OF BULK OIL CARGO-PRIVATE CARRIER-WARRANTY OF SEA WORTHINESS MODIFIED BY EXCEPTION. Charter of a tank steamer for oil in bulk. Clause 1 contained a general warranty of seaworthiness throughout the voyage. Clause 16 contained a special exception "steamer not to be accountable for leakage." Held, that Clause 16 "either modifies the warranty or is meaningless," and libel dismissed. Church Cooperage Co. vs. Pinkney, 170 Fed. 266 distinguished. KIRLIN, WOOLSEY, CAMPBELL, HICKOX & KEATING (Mr. McGRANN and Mr. HARRIS, of Counsel), for Libellant. BURLINGHAM, VEEDER, MASTEN & FEAREY (Mr. HUPPER and Mr. DEAN, of Counsel), for Respondent. THE BARGE CONFIDENCE-THE WESTERN LIGHT. vs. S.S. WESTERN LIGHT and DOLSON-MCLAUGHLIN, INC., Respondent COLLISION-DAMAGE IN NATURE OF-BARGE SQUEEZED WHILE DELIVERING Libellant's barge was engaged to deliver coal to the steamer and respondents were engaged to unload the coal. The barge was placed between two steamers, breasted apart, and was so squeezed as to require extensive repairs. Held, that the stevedores who hauled her into this position were under the duty of seeing that she was not put in danger. Held, that those in charge of the steamer owed a like duty. Decree for libellant with costs primarily against respondent and secondarily against the steamer. MACKLIN, BROWN, PURDY & VAN WYCK (R. F. LENAHAN, of Counsel), for Libellant. WILLIAM HAYWARD, U.S. Attorney (HORACE M. GRAY, of Counsel), for S. S. Western Light. BUSH TERMINAL CO., Owner of Carfloat No. 3, Libellant, vs. DIRECTOR GENERAL OF RAILROADS, Respondent. United States District Court, Southern District of New York, Nov. 29, 1922. Before: WARD, C. J. COLLISION-TUGS BOTH WITH CARFLOATS ON EACH SIDE, IN LITTLE HELL GATE. Tug New Haven Transfer No. 20, with a carfloat on each side, was proceeding up the East River, against the ebb tide. The Bush, likewise with a carfloat on each side, was coming down with the tide, following three hawser tows. The port corners of the port floats collided. Held, that the Bush was on the wrong side of the channel and could have avoided the collision. Libel dismissed with costs. DUNCAN & MOUNT (Mr. PYNE, of Counsel), for Libellant. HAIGHT, SMITH, GRIFFIN & DEMING (Mr. HEWITT and Mr. McKown, of Counsel), for Claimant. O'BRIEN BROS., INC. vs. DIRECTOR GENERAL OF RAILROADS. United States District Court, Southern District of New York, Dec. 5, 1922. Before: WARD, C. J. COLLISION AND STRANDING-BARGES IN EXPOSED BERTH-DAMAGED BY GALE. Tug captain, making up tows at night, was not warned of an expected storm, and was not provided with a barometer. His barges were therefore caught in an exposed condition. Held, that since his movements are controlled by a central office, which could have obtained the warnings seasonably, his employer is liable. FOLEY & MARTIN (Mr. MARTIN, of Counsel), for Libellant. BIGHAM, ENGLAR & JONES (Mr. MATTISON, of Counsel), for Respondent. |