Macvoxatp v. H. Jones, Plaintiff, a pilot, represented in Court by Mr. G. Clarke, sued Capt. Jones, of the steamship Antenor, to recover Tls. 72, pilotage of that ship from the Saddles to Shanghai, on the 24th ult, Defendant admitted that he employed Macdonald to pilot the ship, but said he
laying her alongside the wharf in the refused to pay him because instead of usual manner, he caused her to collide with the French mail steamer Acikong, doing a great deal of damage to both vessels, It would cost at least £70 to repair the Antenor, but the expense of repairing the Meikong was not yet known, in the hands of Messrs Farnh: & Ca. case bad been investigated by the Harbour Master, whose decision (produced in writing) was that the accident was occasioned through the plaintiff's neglect in not taking ordinary precautions when approaching the wharfs, and thathe was therefore not entitled
Mr. Clarke produced an order for payment produced an ord of the fee, signed by Captain Jones, and given by him to Macdonald when the latter left the ship after the collision.
Captain Jones admitted that he gave the order to Macdonald, but said that when he did ao he had no idea the injury done to the ship waa so great.
His Hoxour eaid that Macdonald having failed to perform his contract, which was to pilot the ship from the Saddles to the wharf in safety, he could not recover. Tt would be another thing if the accident was not due to any fault of his—but that His Honour thought, from what had been stated, was not ikely to be made out. He would go into the circumstances of the collision, if Mr. Clarke thought it would be any use, For himself he could not at present see how any one but the plaintiff was to blame, and that was the opinion the Harbour-master had formed.
Mr. Darxe after the expression of the Court's opinion, did not press the case, and His Hoxour entered judgment for the defendant.
Text read from the printed page and cleaned; old type leaves the occasional error.