Page:Federal Reporter, 1st Series, Volume 1.djvu/887

UAINWASINQ V. HAfiK «aBBIE DBIiAP. 879 �ship, the libellants may not be at liberty to say that it was negligence to carry oil in the eame vessel with paper stock; but yet the proposition set forth in the answer, that, as the shippers of the paper stock knew that the oil was to be taken by the vessel, such shippers assumed ail risk of damage to the paper stock from the oU, is not a sound one. The true rule is that the peculiar character of the coal oil, its pungent odor, its volatile character, the damage certain to result to other cargo from contact with it, the liability of the casks containing it to break by pressure from the working of the vessel and let out the oil, demanded especial care in stowing the paper stock and the oil with reference to each other." The Ship SaUoncello, 7 Ben. 360. The same principle is clearly applicable here ; and the question is whether the danger to which the baies of bags were exposed from the bleaching powders and from which they suflfered injury was so far likely to happen that, in the exercise of that care which a prudent man would exercise in the conduct of his own affairs, it should have been anticipated and guarded against, and then whether there were means to guard against it. The ship is not re- sponsible for the unusual prolongation of the voyage, nor for the violence of the wind and waves ; yet I think a reasonable prudence and care would, upon the evidence, have anticipated that, in the course of the voyage, some of this bleaching pow- der would be likely to get out of the casks, and to injure the baies of bags stowed with reference to the bleaching powders as these were stowed. If this had been anticipated the pre- caution to guard against the danger was obvious enough to stow the bags further away, or on the permanent deck, or to place other cargo not liable to injury beneath them on the temporary deck, if it was of a nature to obstruct the passage of the fumes. �It is suggested that the stowage that was made was neces* sary to the trim of the ship, but this is not proved. There is no testimony on the subjeet. It is, doubtless, true that in. a general ship no particular shipper can demand that his goods be put in a particular place, or in the very safest place for them. The stowage must necessarily bave reference to the ��� �