Page:Federal Reporter, 1st Series, Volume 1.djvu/882

874 FBDBBAL EEPOBTBB. �Mainwaeing V. Baek Caebib Dblap, etc. �{Distriet Court, S. D. Mw York. March 6, 1880.) �Gbnbkai. Cargo— Stowage — Dangbbous Abticle— LrABn^rar of Ship. — "The ship is not responsible for injury neceasarily resulting to the goods of one shipper, by a general ship, from their being carried in the" same vessel with the goods of other shippera, which, by usage, are a proper part of the same general cargo ; but if such injury, nevertheless, could have been avoided by the exercise of reasonable skill and attention on the part of the persons employed in the conveyance of the goods, then it is not deemed to be, in the sense of the law, such a loss as will exempt the carrier from liability, but rathcr a loss occasioned by his negligence and inattention to his duty." �Certain baies of empty bags were shipped on an open-beam veasel, put up as a general ship, under a bill of lading stipulating for their delivery in good order, the " perils of the sea " exoepted. The bags were placed on a temporJiry deck of planks, covered with mats, directly over certain tierces of bleaching powder stowed in the lower hold. Hdd, that the ship was liable for the destruction of such bags caused by the fumes of the bleaching powder, set free by the pressure and workingof the cargo during heavy weather, without any negligence upon the part of those in charge of the vessel, in the absence of direct proof that such stowaga was necesaary to the trim of the vessel. �In Adràiralty. �E. G. Bell, for libellant. �A. J. Heath, for claimants. �Choatb, J. This is a suit to recover damages for injury done to baies of empty grain bags, shipped by the libellant at Liverpool for New York, under a bill of lading which stipu- lated in the usual form for their delivery in good order, "the perils of the sea" excepted. The bark was put up as a general ship. Her cargo consisted of 323 tierces and 40 casks of soda ash, 300 drums of caustic soda, 265 tierces of bleaching powder, 1,850 saoksof sait, 10,000 fire-brick, 1,703 empty petroleum barrels, 840 boxes of cutch, and 110 baies of bags, of which 67 were shipped by the libellant. There was some other miscellaneous cargo, of no great amount, which it ia unnecessary to mention in detail. The bark is what is ealled a,n open-beam vessel, having two deoks, the lower deck being laid only for a space about 25 feet long in the bow and about 30 feet long in the after-part of the vessel. Upon the beama ��� �