Sixth. Could it be known, in advance,tothoseon board either vessel, what the position of the one bound upward, would be when she straightened up? Ana. Exactly what her !losition will be when she straightens, as before indicated,cannot be known until she accomplishes it. The downwardbound vessel will also encounter the tendency towards the .Tersey flats from the effect of the tide, but being light and drawing seven and a half feet less water than the other,' and having the tide towards her head, her command over her -course is perfect, enabling her to stop or go where she will. If the upward-bound vessel should keep to the western side of the channel in rounding, the other could safely, pass to the eastward, but the danger of attempting so .to pass arises from the uncertainty of the former vessel being able to keep her course. Seventh. If the downward-bound vessel should stop until the other rounded, should she start again before the latter .up? A.na., To guard against danger, therefore, when two vessels of such size are likely to meet at the buoy, or very near it, under the circumstances stated, the down· ward-bound vessel should stop a few hundred yards above, until the other has rounded and straightened up, when their position woilld be known to each other, and the course of the downward-bound vessel made plain.
V. STEAM-SHIP POWHATAN,
(District (}ourt, E. D. Ne'UJ
vessel to permit the same to lie at a pier with the between-decks full of cattle, during a hot JUly day, without haVing any wind-sails up.
3. SAME-SAME-SAME.-lf it was necessary for the vessel to lay at the pier during the day, and if it was impossible to use wind-sails with success while the vessel remained at the pier, then it was the duty of those in charge of the vessel to inform the owner of the cattle of those facts, and to keep the cattle in a proper place upon the pier until the vessel was about to move.-[ED.
BENEDIOT, D. J. This action is brought to recover for damage done to a shipment of cattle while being transported on the steam-ship Powhatan from New York to Bristol, England, in July, 1878. The cattle came to the steam-ship at pier 40, East river, on the morning of Sunday, the seventh of July, in two divisions. The first division were all on board the steamer by about 9 o'clock A.. M.; the second division arriyed soon after and went on board at once, so that all the cattle were on board before 10 o'clock A.. M. One hundred and twentynine were put in the between-decks and the rest on deck. The day was hot, the thermometer at the signal office registering 75 deg. at midday. After the cattle were on board, the steam-ship lay at the pier until 3 :30 P. M., when she proceeded to sea. On Monday morning following, two of the cattle in the between-decks were found dead. On Tuesday morning six more of the cattle in the between-decks were were sick. On dead, and nearly all in the Wednesday morning eight more were dead in the same place, and two more died during that day in the same place. making 18 in all. Then the mortality ceased and the health of the cattle improved. All the rest of the cattle, except aIle of those . on deck, which died later from cramps, arrived in safety. The condition of the cattle landed from deck was about as good as when shipped. Those that survived in the between.decks, when landed, had lost condition, and were diminished in value. The libellant now seeks to recover of the steam-ship for the value of the cattle that died in the between-decks, and for the diminution in value of those in the between-decks that survived. The law applicable to the case is not in dispute. Under the terms of the contract, the libellant, in order to recover,