Paul Jones Steamboat
Collision of the Paul Jones and Major Barbour
Information comes from Lloyd's Steamboat Directory, and Disasters on the Western Waters, page 295
The steamer Paul Jones from New
Orleans to Louisville and the steamer Major Barbour, Capt. H J
Spotts, came in collision on the morning of 3d February 1848 about 4 o'clock
near Troy, on the Ohio river, sinking the Major Barbour to her hurricane roof in
a few minutes, causing the loss of the second clerk, who resided at Henderson
Ky.; two ladies and two children lots and several other persons missing and
supposed to have been drowned. The boat took fire while sinking from the
lamp in the cabin, which consumed the principal part of the cabin that remained
about the water. The hull was afterwards raised. The Paul
Jones received but slight injury.
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Information comes from the Reports of Cases Argued and Adjudged in the Supreme Court of the United States Volume 13. pages 101-104. The entire case is not presented here.
December Term 1851
Williamson vs. Barrett
Euclid Williamson, Thomas F Eckert, and John Williamson, Plaintiffs in Error, v. Alexander B Barrett, T Donaldson, William Brown and John B Sprowle.
The usage upon the River Ohio is, that when the steamboats are approaching each other in opposite directions and a collision is apprehended, the descending boat must stop her engine, ring her bell and float; leaving the option to the ascending boat how to pass.
The descending boat was not bound to back her engines and it was correct in the Circuit Court to refuse leaving to the jury the question whether or not, in fact, such backing of the engines would have prevented the collision where the ascending boat was manifesting an intention to cross the river.
This proper measure of damages is a sum sufficient to raise the sunken boat, repair her and compensate the owners for the loss of her use during the time she was being refitted.
This case was brought up by writ of error from the Circuit Court of the United States for the District of Ohio. It was an action of trespass on the case brought by the owners of the steamboat Major Barbour (the defendants in error) against the owners of the Paul Jones, another steamboat for injuries resulting from a collision between the boats.
On the 3d of February 1848, Barrett and others being citizens of Kentucky brought an action of trespass on the case against Williamson and the other owners of the Paul Jones, in the circuit court of the United States for the District of Ohio. In October 1849, the cause came on for trial upon the general issue plea. The jury found a verdict for the plaintiffs for $6,714.29.
"Seventh Circuit Court of the United States Ohio District, Alexander B Barrett, Robert Clark, Nathaniel D Terry, Henry Lyne, James T Donaldson, William Brown, John B Sprowle v. Euclid Williamson, Thomas F Eckert, John Williamson. Be it remembered that on the trial of this cause, evidence was given, showing that before and at the time of the collision mentioned in the pleadings in this cause, the plaintiffs' boat, the Major Barbour, was descending the Ohio River and the defendants' boat, the Paul Jones was ascending the same river and heavily loaded, and the Major Barbour was light, the Paul Jones being a much larger boat than the Major Barbour.
It was claimed by the plaintiffs and testimony offered by them, tending to show that their boat was descending the middle of the river and that the collision took place at or about the middle of the river.
It was claimed on the part of the defendants and evidence was offered to show that their boat was ascending near the Indiana shore and that the plaintiffs boat was also running near that shore, and that the collision took place near that shore. The plaintiffs also offered evidence tending to show that the Paul Jones, a short time before the collision suddenly turned out of the Indiana shore and ran across the river into the plaintiffs boat; and the defendants offered evidence tending to show that the plaintiffs boat, a short time before the collision suddenly turned out from the Indiana shore and crossed the bow of the Paul Jones.
Evidence was also given tending to show that the engines of the plaintiffs boat were stopped and the boat floated for some time previous to the collision; but it was admitted that she did not back her engines; and it was claimed by the plaintiffs that she was not bound by the rules or usages of navigation to back her engines.
Evidence was also given tending to show that the Paul Jones, some time previous to the collision, stopped her engines and then reversed her engines to back the boat, and made from one to three revolutions back and was actually backing at the time of the collision.
And it was claimed by the plaintiffs that their boat's engines were stopped and the boat floating as soon as danger of collision was anticipated; and on the part of the defendants that it was claimed that the said Major Barbour's engines were not stopped sufficiently early and that owing to that and her not attempting to back her engines, she contributed to the collision.
To which charge of the court, so far as it relates to charging that the Major Barbour was not required to back her engines, but might presume that the Paul Jones did not intend to run into her; and also to so much of the charge as directs the jury that they might give damages for the use of the boat during the time necessary to make the repairs and fit her for business; and also to the refusal of the court to charge or instruct the jury as requested the defendants by their counsel, except and pray this their bill of exceptions may be signed and sealed, which is done and ordered to be make a part of the record.
John McLean (seal)
H M Leavitt (seal)
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