Vessel Owners' Towing Co. v. Taylor

Citations

• 126 Ill. 250
• 18 N.E. 663

Syllabus

<p>1. Agenoy—captain of a vessel—power to represent owner on an arbitration. While the captain of a vessel may be the special agent of th,e • owner in all matters fully embraced in the scope of his appointment, and for all purposes connected with the ordinary employment of the vessel, still his position as captain does not, of itself, give him the right to act as attorney for the owner before arbitrators appointed to decide upon the question of damages resulting from a collision of his vessel with another-</p> <p>2. Arbitration—notice to the parties—by whom to be given. The duty of giving notice to the parties of the time and place of hearing of matters submitted to arbitration, devolves upon the arbitrators. They have it in charge to see that sufficient notification is -made to each party, and without such notice the award will be void, unless the intention of the parties is that the arbitrators shall proceed without their presence.</p> <p>3. Same—hearing before all the arbitrators. Each party to a proceeding to arbitrate is not only entitled to be present when the witnesses or arguments are heard, but each is entitled to have his case submitted to all the arbitrators. So when any evidence is heard in the absence of one of the arbitrators without the assent of one of the parties, and an award is made against him, it will be invalid, and may be set aside at the instance of such party.</p>