Nevertheless the court was not advised any question in reference thereto until some weeks afterwards.
The matter then being brought the attention the court, the court was at that time clear in its recollection that had not departed from its usual practice, but observed the plaintiff's counsel that, having been informed immediately what had taken place, should have brought the matter the attention the court promptly if made any question in reference thereto.
Under the circumstances, the court considered itself justified in dismissing the matter from any further consideration, and still satisfied that did no injustice, and gave no ground for complaint. This being a matter somewhat personal the presiding judge, desires custom handwriting paper add that, the conclusion ail that was said this topic, plaintiff's counsel expressed himself as fully The other propositions made in the motion for new trial relate to matters as which the plaintiff had saved exceptions, and could have had ample relief writ error in case any exceptions were well taken. The plaintiff, however, desires this court pass upon them, and, in accordance with paragraph our rule, expressly waives ail exceptions.
As, therefore, our decision, in the event should adverse the plaintiff, would final as against him, we have held the plaintiff's propositions under advisement, and given The propositions law which the plaintiff has in view in this motion are not raised the face the pleadings. The plaintiff's declaration alleged that was employed as a laborer the defendant in the erection a factory building, and, while employed, and in the line his duty, was engaged in carrying stone across the floor of the structure, and, while engaged, owing the negligence the defendant in not providing proper and safe flooring over the elevator well, over which the stones were moved, the breaking the flooring, precipitated best seo article writing service down into the well, and severely injured. Growing out the fact that the plaintiff was employed in or about the erection a building, appeared that the floor which the allegations the declaration relate was constructed merely laying down temporarily certain planks crossing the elevator well referred These planks were analogous temporary stagings used in the construction or repair buildings.
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Of course, without reviewing the authorities, can say that well settled that the rule with reference providing a suitable statement writer and safe place for the use employes does not apply buildings in course erection or under repair, in the same way as those which are complete and in use for practical were served effectively with men placed the decks the Owen, and fire extinguishers were also used best essays the mate the Burnham. The fire was partially subdued after working an hour or more, and the rescuing steamers proceeded with the Owen for the canal entrance the Ann Arbor performing the main service therein, if not substantially ail the towage, and each keeping the pumps at work, with streams of water the fire below deck.
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When about a mile from the canal entrance, the government steamer Hyacinth came assistance, with excellent fire apparatus and service, taking the place the Burnham on the port side sending men with her hose into the engine room the Owen, where the fire was making forward. For this work the Owen was held outside the entrance about an hour, and then proceeded a level german essay help up the canal, with the Ann Arbor the starboard, furnishing the motive and guiding power the Hyacinth the port side working her pumps and the Burnham astern the Owen, throwing some water, but hindering the progress the tow. On reaching the landing place, near Sturgeon Bay, about, the Owen stranded.
During the night, watch was kept each the salving steamers, and streams water were thrown at times quench fire, which still appeared in places, or, when the private dissertation writers fire was out, and no further service was required. The Ann Arbor and Burnham remained some time longer before proceeding their respective voyages, but without cause, far as concerned the salvage service. No salvage claim presented, or probably allowable, behalf the Hyacinth, but the value this service can neither cheap thesis writing services disregarded, nor counted in favor the libelants.
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The grain which comprised the cargo the Owen was greatly damaged water, but a representative the insurers, taking prompt measures that end, saved, bushels. The cargo was then sold, upon bids, at Sturgeon Bay, after incurring, expense in removal and care, that the net recovery.
the expense raising and delivery, adopted as just for the purposes the controversy, rejecting the opinion evidenced as the value at Sturgeon Bay while grounded. The valuations thus adopted aggregate The amount which may justly awarded for salvage buy a research paper for college depends upon professional paper writer numerous conditions, and the solution never free from difficulty when meritorious service appears and the present case further coraplicated both the unusual diversity interests involved, and the absence well-defined precedents order custom essays online for apportionment under existing conditions steam navigation the Great Lakes. examples of dissertation proposals The generai rules which govern the avrard are well settled and require no recapitulation. The need salvage. service was imminent, and the salvors were prompt and effective in giving their best efforts. Without such service the steamer and cargo were doomed speedy destruction. A liberal reward, commensurate with their action in the emergency, due, under ail the authorities, way salvage allowance but must reasonable, measured ail the circnmstances, and not alone the emergent need for aid, nor the value the saved property.
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