Page:Federal Reporter, 1st Series, Volume 8.djvu/639

THE LIZZIB Vf. VIEDBN. 62& tioned." Bill No. 2 says that all dangers of the seas and navigation, "of whatever nature and kind Boever," are exeepted. Bill No. 3 Bays "the dangers of the seas only exeepted." The decree appealed from allowed to the libellants $1,512.22, and interest, for "the damages by them snstained by reason of the im- pregnation, during the voyage mentioned in the libel, of the almcnds in said libel mentioned with the flavor and odor of petroleum." For such damage to 16,321 pounds of almonds ont of the shell, in bagsV three and one-half cents per pound were allowed, being $('571.23 ; these being in bill of lading No. 3. For such damage to almonds iu the shell, in bags and half bags, one and one-half cents per pound were allowed on 34,750 pounds, being $521.25; and one cent per pound on 20,474 pounds, being $204.74,— in all, $725.99 ; this being called the Nordlinger lot, and being in bills of lading Nos. 1 and 2. For Buch damage to almonds in the shell, in more or less of 750 bags, $215 was allowed; this being called the Dean & Hybeyer lot, and being in bill of lading No. 1. The flavor and odor of petroleum were imparted to the almonds while they were in the vessel during the voyage covered by the char- ter-party and the bills of lading. The vessel, on her outward trip from the United States next preceding this voyage home, had car- ried a cargo of petroleum in barrels. Nothing was said in the char- ter-party about petroleum, but the libellants knew when they signed the charter-party at New York, before the outward voyage began, that the vessel was loading with a cargo of petroleum. So did the mas- ter, who signed the charter-party on the other part, and was part owner of the vessel. On the outwaid voyage, petroleum leaked out from barrels in the hold, and from barrels in the between-decks. There was no petroleum carried in the homeward cargo. The dam- age arose, therefore, from petroleum left in the vessel after the out- ward cargo had been unladen. It could have arisen from storing the almonds in contact with parts of the vessel containing petroleum, or with dunnage liaving petroleum in it or on it, or from the drip of the sweat of the hold, carrying the odor and flavor of petroleum, — the petroleum being in the wood forming the vessel, and the vapor of the petroleum being set free therefrom by the beat of the hold, and im- pregnating such sweat, — or from the setting free of such vapor by such beat, and the contact of such vapor with the almonds, or in two or more or all such ways. The effect of the contract between the par- ties was to except damage from perils of the sea. The question in v.8.no.8— 40