Page:Federal Reporter, 1st Series, Volume 9.djvu/795

 780 FEDERAL REPORTER. �"Permitted to carry grain and heavy cargoes over tonnage on coast- wise voyages, and to use gulf ports not west of New Orleans." The libel claims for a total loss of the vessel by the perils of the seas, while on a eoastwise voyage within the policy. The answer denies that the voyage was within the policy, and avers that at the time of the loss the vessel was not on a voyage within the terms of the pol- icy, but was by the voluntary act of the master and owners on a voy- age to a port in the Gulf of Mexico west of New Orleans, to-wit, the port of Morgan City, state of Louisiana, and not upon any voyage protected by the terms of the policy, and at the time of her destruc- tion was upon that part of her voyage to Morgan City which was west of the port of New Orleans, and so known to her master, and she stranded on the shore of the Gulf of Mexico, west of the port of New Orleans, because her master mistook, in taking his course to the port of Morgan City, the light on Timbalier island for the Ship Shoal light, both of which lights were west of the port of New Orleans. The proof in the case consists entirely of the following written stipu- lation, entitled in the suit, and signed by the proctors for the respect- ive parties while the suit was pending in the district court, and of the documents referred to in the stipulation : �"We hereby mutually stipulate and agree that the following are the facts applicable to the issues presented by the pleadings in the above-eiititled cause, and consent that this stipulation and the statement of facts fomiing part thereof shall be entered and filed as the finding of the court as to the facts in said cause: On the fourth of February, A. D. 1880, the Security Insurance Company, acting within the seope of its corporate capacity, executed and de- livered to the New Haven Steam Saw-Mill Company the valued policy of in- surance for $3,000, upon said mill company's interest in the schooner iann- hauser, a copy of which policy is annexed to the libel in said cause, and marked exhibit A, and said policy is itself referred to and made part of this agreement and finding, a Verbatim copy of which is appended and marked A. On the eleventh of June, 1880, the said sohooner Tannhauser, while on a voy- age from the port of Rockland, in the state lOf Maine, to Morgan City, known on the United States coast survey map of 1870 as Brashear, in the state of Louisiana, went ashore and was wrecked on a reef in the Gulf of Mexico, west of the port of New Orleans, and was totally destroyed by the perils of the seas. ihat the statement set forth in the proofs of loss flled with said insurance company, and being the marine protest of the master and crew of said vessel, are true so far as any issue in this cause is concerned, and said pro- test and the statement therein contained are hereby made part and parcel of this stipulation and finding, and annexed hereto, marked Exhibit B. It is hereby mutually agreed that maps or charts may be referred to for the purpose of deflning and determining the location of the spot where said vessel was ��� �