Page:Federal Reporter, 1st Series, Volume 1.djvu/885

MAINWARIÎîa V. BABK CAERIE DELAP. 877 �in such a way that they would be directly exposed to the fumes that would arise from the bleaching powders, if, as in fact happened, any of the casks should beoome broken during the voyage ; that a proper and reasonable care, having regard to this particular danger, required that the baies of bags should have been stowed on the permanent deck, or further away from the bleaching powders. On the part of the claim- ants, it is contended that the injury was caused by the perils of the sea, by which the casks were broken up, and that the stowage of the different parts of the cargo was proper, and with due and reasonable care for the protection of one part of it against injury from other parts, and that the stowage of part of the baies of bags on the temporary deck was necessary to the proper trim of the ship. �Both parties have undertaken to prove a usage — the libel- lant, that the usage of the trade requires a greater separation between bleaching powders and baies of bags or similar fab- rics; and the claimants, that the usage of the trade is to stow the baies of bags as near to or nearer to the bleaching powders than in this case, and without interposing any more effective barrier between them. But, after the examination of a very large number of witnesses, the resuit is that there is no usual mode of stowage in this respect, but that some masters and some stevedores take more and some take less precautions against this particular danger; that in steamers, which. are built in compaftments and afford much greater facilities for separating cargo, the bleaching powders are carried in sepa.- rate eompartments from baies of bags and similar goods liable to be injured by the fumes ; that in sailing ships the bleach- ing powders are usually carried in the lower hold, and the bags generally, but not always, between decks, but that on this particular point of stowing the bags on a temporary deck, immediately above the bleaching powders, there is no settled usage. Although it appears that in many cases they have been stowed in positions of equal or greater exposure, yet many careful persons place them further away, or as far away as possible consistent with the proper stowage in other respects and the trim of the ship. ��� �