Page:Federal Reporter, 1st Series, Volume 1.djvu/63

BICHABDS V. HaKSEK. 55 �lumiahed with suitable tackle, sails or other motive power, as the case may be, and fumiture necessary for the voyage. Vessels bo employed must also be provided with a crew ade- quate in number, and sufficient and competent to perform the reqtiired duty, and with a competent and skilful master of sonnd judgment and discretion. Owners in such cases must see to it that the master is well qualified for his situation, as they are directly responsible for his negligences and un- skilfulness in the performance of his duty. In the absence of any special agreement to the contrary, the duty of the master extends to ail that relates to the lading and stowage of the cargo, aa well as to the transportation and delivery of the goods, and for the performance of ail those duties the ship is liable, as well as the master and owners. Elliott v. Rugsell, 10 John. 7; King v. Shepherd, 3 Story, C. G. 349; Abbott on Ship. (8th Ed.) 478. Goods of great value, consisting of sheet iron in bundles, were shipped by the libellants in the steamer Svend, bound on a voyage from the port of Liverpool to the port of Boston. By the manifest it appears that the steamer was an iron propeller, carrying general cargo for freight, and that the shipments belonged to varions peraons, which, of itself, is sufficient to show that the master and owners were common carriers in the strictest sense. Suffi- cient also appears to show that the goods, when shipped, were in good order and condition, and that the covenant of the bill of lading is that they shall be delivered in like good order and condition. One thousand bundles of the ship- ment, stowed in the forward part of the aft lower hold, were badly wet with sait water to such an extent that, when the bundles were hoisted out to be delivered, the water dripped out of the same and appeared muddy with rust. Damages are elaimed by the libellants, in the libel as amended, for breach of the contract to deliver the goods in the condition specified in the bill of lading in the sum of four thousand dollars, and the evidence shows that the goods shipped were injured in the manner charged to an amount even greater than that alleged in the libel. Compensation for the injury is elaimed by the libellants upon the following grounds : ��� �