Page:Federal Reporter, 1st Series, Volume 9.djvu/927

912 FEDEBAIi BEPOBTEB. �Ihe Pharos. (District Court, 8. D. New York. January 3, 1882.) �1. BUKDEN OF PliOOF. �Where goods are received on board ship in good condition and found to be damaged when delivered, the burden of proof is upon the carnei- to show that the damage arose from some peril excepted by the bill of iading. �2. Stowage. �Different parts of the cargo must be so stowed as not unnecessarily to injurt one another. �3. BiLLs OF Lading. �The libellants shipped 432 baies of w^ool on the ship P., at San Francisco, to be delivered in New York, on the usual bills of lading. On delivery, 24 baies were found injured by sea-water, and 76 other baies were found damaged from Bome other cause, being rotted and caked on the bottom or sides of the baies, or in strips across them. Wet redwood formed a part of the cargo, upon which, as a temporary floor, the wool was placed, with duanage strips between, sepa- rated by open spaces. It was proved that such rotting might arise from con- tact of the baies with wet wood, or from very close proximity to it, when steaming from the wet; also, that the ship mot several severe storms upon the voyage, and took in water which penetrated between-decks, and that there was much sweating of the cargo. Held, that an adequate cause of the damage by sea-water being shown, the injury to the 44 baies from that cause was within the excepted perils, and that the vessel is not liable for that part of "the loss ; but that the damage to the 76 baies arose from contact with, or too close prox- imity to, the wet redwood taken on board as a part of the cargo, against which the carriers were bound to protect the wool by proper stowage, and that the vessel is liable for such damage. �In Admiralty. �William A. Walker and F. B. Jennings, for libellants. �Owen dk Gray, for claimants. �Beown, D. J. This is an action in rem to recover damages for injury to 120 baies of wool, by sea-water and contact with wet red- wood, in the ship Pharos, on her voyage from San Francisco to New York, in 1879. The wool in question was part of 432 baies shipped on aceount of the libellants, in good condition, under the ordinary bills of lading, to be delivered to the libellants in like good order and condition, perils by the sea excepted. ihe Pharos sailed from San Francisco on the fifteenth day of May, 1879, and arrived in New York on August 29th of that year. She carried a mixed cargo, in- cluding about 1,900 baies of wool, and 140,000 feet of redwood, in planks or timbers of varions dimensions. The redwood was mostly laid as a floor upon the beams of the lower deek. Over this, dunnage, consisting of strips of board about one inch thick and a few inches apart, was laid, and upon this a large quantity of the wool was ��� �