THE HUGO. BRAUER et al. v. COMPANIA NAVW-ACION LA FLECHA.' (District Court, S. D. New York. July 8, 1893.) 1.
SHIPPING-Loss OF CARGO-CATTI,E SITIP-JETTISON-NECESSITY.
One hundred and twenty-nine cattle, out of a shipment of 165, on board the steamship Hugo, were thrown or driven overboard by the officers of the ship, in bad weather, during a voyage from New York to Liverpool. The officers of the ship claimed that the weather was so violent that the sacrifice was necessary to save the ship. This was denied by the cattlemen on board. On all the evidence the court found that the necessity for clearing the decks of the cattle was exaggerated by the officers of the 81Jip, and acoordingly held that the vessel was liable for the loss of all sound cattle, or such as were not fatally wounded or maimed at 1he time they were cast overboard, or were negligently or designedly suffered to go overboard through the open gangways of the ship.
EXEMPTION FROM NEGLIGENCE-ENGLIBH
BILL OF LADING-STIPULATIONB LAW.
A clause in the bill of lading providing that the cattle "were to be l\t owner's risk; steamer not to be held accountable for accident to, or mortality of the animals, from whatever cause arising, · · · or negligence of the shipowner,"-was held invalid to protect the ship in this case, as was also the further stipulation which would substitute the British law for our own.
In Admiralty. Libel for damage to cattle. Decree for libelants. McFarland & Parkin, for libelants. Butler, Stillman & Hubbard and Mr. Mynderse, for respondents. BROWN, District Judge. The above libel was filed to recover damages for the loss of 129 cattle, out· of a shipment of 165, upon a voyage of the steamer Hugo from New York to Liverpool in October and November, 1891. The steamer sailed from this port on the 24th of October. During three days from October 30th to November 1st inclusive, the vessel met heavy weather during which there was heavy rolling of the vessel. The cattle were in pens on deck; a few were forward under or near the turtle back, which were saved; the rest were in the vicinity of Nos. 3 and 4 hatches forward and aft of the engine room in pens built in the wings on the port and starboard Bides of the ship, all of which were lost. The storm was heaviest on the afternoon and night of Saturday the 31st, the wind and seas coming first, and heaviest, from the northwest, but on Saturday hauling to the northward and to east northeast, with cros.s seas. Some slight damage was done to a few pens on the 30th; more were broken on Saturday the 31st; but these were repaired, and the cattle put in place toward nightfall. About 5 o'clock on that day the after gangways were opened on each side, and about 10 or 12 cattle that had become maimed and helpless were sent overboard through those gangways. The
'Reported by E. G. Benedict, Esq., of the New York bar.
FEDERAL REPORTER ,
chief loss was during that night and the following morning, when shortly after daylight, the captain gave orders to open the forward gangways also, and the whole deck was cleared of all the cattle, save the 39 under the turtle back. The following is a translation of the account given in the ship's log, the master and most of the crew being Spanish:
"(Sea time) October 30, 1891. "On the fifth hour (5 P. ]I.:!') a heavy sea destroyed some of the cattle houses on the port side and opposite hatches No. 4 and No.3. We immediately fixed up in the best manner that it was possible the houses and the oxen, the boards that were lying loose on the deck we threw overboard. Nightfall, the weather slightly clear towards the horizon with signs of heavy rain clouds, wind fresh from the northwest, seas very lively from the sanw direction l\nd from the west, coming on board with less force than during the afternoon, and in thi3 way we passed the night. At daylight wind very freti'h from the north, with seas from the same direction and from the northwest. On tlle tW('lltieth hour we stopped the engine in order to arrange the houses that had been broken during the night opposite No.4, and replaced thloxen were outs.itle of their houses. At nine o'clock they were all back into their places, with the exception of one. which re.mained on hatch No.5, and. which notwithstanding all our endeavors to get him to rise, it has bl'en'impossible, he remaining on the same hatch No.5. Subsequently ilnd .While' the engine was still stopped, we gave food and drink to all the oxen. On the 22d hour after all was arranged, we again started under full Ateam and continued to sail in the direction of our course and without further mishaps we arrived at the middle of the day, and there being no observation, we situated ourselves by dead reckoning in the latitude and longitude noted. "31st. Commencing this day with very strong wind from the north northeast with very lively seas from the same direction and from the northwest, which on board from allover, flooding the houses and bridges a,lways full of water, and governing .our course as noted in the table. In the second hour weather very hard from the north northeast, the heavens and the horizon closed, and with rain accompanied by very heavy seas with full crest, also from tha northwest, which strike against the sides of the vessel, coming on boar'Q., and making the vessel labor terribly. At this hour, some of the houses opposite No.4 were destroyed; several of the oxen being loose, we stopped the engine and remained crosswise to wind and seas, seeing that the weather was becoming worse at every moment, and that the barometer continued to fall rapidly, (at this time, 29:55,) we determined to open gangway );0. 4 in order that the oxen that were loose could go over, which was done with much precaution to avoid personal mishaps. Once. that it was opened, the oxen that were loose were carried over with the heavy rolling of the vessel; these were about 10, with the one mentioned on the previous day which was almost dead, which we threw overboard with ropes. "Towards nightfall; weather quite a hurricane, the machinery stopped, and laying crosswise to the wind and waves, the vessel rolling and making all suffer very much. At twelve hours, we set the mainsail with the object of steadying vessel. The greater portion of the oxen are down and many are carried from port to starboard with the boards from the houses loose on nccount of the hellVY rolling of the vessel, and with a .t1\ick and heavy sea that comes on board on both sides. In this way and with the weather declared into a llurricane, we passed the balance of the night. "At daylight, hurricane. All the deck is in a lamentable state; the cattle from port to starboard and from starboard to port, some with their leg!' broken. others dead, with so much suffering, others with their legs tangled in the rail. and some during the night, by .the blows of the seas and the rolling of the ship, had gone on through the gilngway to the water. On the nineteenth hoor (7 A. M. Sunday) we decided to open gangway No.3, which was done with much precaution, as it was impossible to go on deck on account of the rollings, and the seas that continually came in, and we im-
mediately commenced the sad operation of throwing over all the cattle that were loose on the decks and in sorry plight, some with ropes, and others dragging them to the gangway, and from here, the seas that were boarding us would carry them over. We have noticed the absence of some of the hatch wedges, very likely knocked out by the cattle during the night, and have immediately replaced them with new ones. The hurricane continues with as great force and fury, the barometer 29.21. Notwithstanding our pre-cautions to avoid personal mishaps, at 10:30 in the morning more or less, a l>ea carried out through gangway No.3 one of the boys named Enchortiately; he was carried over. We noted his absence immediately, as he had not bp separated from the eide of the vessel, we threw him a life preserver, and with the aid of thin rope we were able to save him. On coming on deck, we noted that he was bleeding from ear, no doubt having received a blow on that part. We put him to bed. "On the 23d hour, the wind carried away the mainsail, leaving nothing but the bolt ropes of the same. At noontime the stern was clear, there being no more cattle. There are only some remains of the houses, towards the bO'w and gangway of No.3 is clear as also the hatchway. There remain on boar( only 39 oxen, and those up by the bow forward of No.3 which are the that suffered less from the effects of the hurricane. At noontime there was no observation, the heavens being completely closed, and we situated ourselves in latitude and longitude noted in its proper place. In this day, as in the previous one, it had been impossible to sound the well on account of the storm. Operating the steam pumps every two hours, we noted that they sucked a great deal of water, no doubt by reason of the straining of the vessel. "The .losses that we have suffered are the following: 126 head of cattle; the mainsail; a number of rail posts, and the ladder. "November 1st. We commenced this day with the engine stopped and the rigging taut, with hurricane, the vessel crosswise to the wind and seas. Towards afternoon the. wind slackened somewhat in foree, but the high and crested seas continued the same, striking the vessel as in the previous day, and with much rolling. On the 4th hour we put up the staysail to steady the rolling of the ship. Nig-ht came on with the wind very hard fl'())U the north. accompanied by terrible seas with heavy crests, which strike against the hull, making the vessel shiver. "At eight o'clock the wind commenced to decrease and the seas gradually to go down. * · · ..
The testimony of the master and of the first officer and the boatswain accords in the main with the statements of the log in regard to the handling of the cattle and the force of the storm. There were six cattlemen provided by the shippers for the care of the cattle. Several were inefficient. The testimony of Joyce, the foreman, and of Edwards, apparently an efficient man, is to the effect that the violence of the storm was very much exagger· ated; that they had been many years making v.oyages in charge of cattle; that they had been through much heavier weather; and that the sacrifice of the cattle on the afternoon of Saturday and the morning of Sunday was without reason or necessity. In the great contradiction between these witnesses and the ship's wit" nesses as to the force and effect of the storm, I have come to the that there is little candor on either side. The fact that aside from some of the pens, and except the cattle which the men forced overboard, nothing of any account belonging to the ship herself was carried away, is conclusive to my mind that the ship was in no peril, and that there was no such actual hurricane, or .any such extraordinary storm as the language of· the log or the
'tcil,tinipny (>f the officerswouldbidicate. It is manifest that Joyce· and Edwards, who were·persons of much experience in transpocl;ing cattle, were greatly incensed at the sacrifice of the cattle and the brutal treatinentinflicted on them. They have not apparentlyany'beneflcial interest in this litigation; and if the storm was as violent as the .claimants would m3.ke out, and the perU such as to demand the sacrifice of the cattle, Joyce and Edwards would not have felt the resentment they evidently display. If the peril was real, they had experience enough to know it. At tJ1fsa;rne time this resentment has probably led them to belittle the force of the storm and to give perhaps an additional color to what was done. Joyce testifies:
"Answer. Thet took the cattle in their charge, of course, and they l;ttarted to cutting the ropes. and getting them over the best way they could; we wouM not assist them in any way whatever; I would not allow anyone to put a hand to them of my men. · · · "64 Question."HQW many were put over the first day? A. That I could not tell; they Jl,ltd them scattered all over the ship-quite a lot. "65 Q. W1lre there:' some put overbOard. from forward and some from aft? A. Both pl/j,Ce8""""put them over aft first. "66 Q. Will you state how they put them overboard? A. They shifted the ran as it isciillM""'"the gangway; then they tore up the pens facing the gangway so they ",ould slip on the Iron deck; they then would take pitchforks and everything eIRe, and sticldng them in them drive them up to this place, and when the ship lurched over like they would shove them and the cattle would slip olf; tfthey didn't slip olf, 4 or 5 sailors woWd put their backs to them and shove them over; once they started going they had to go. "67 Q. waS this done on one side, or bOth sides? A. It could only be done on the one starboard. stde. "(}8 Q. WhycduId It not be ('lone on the port side? A. Because that was the weather side. "6'9 Q. Which was the weather side? A. The port side. "70 Q. Did the have a list? A. She had a list when we put about-Oll Il.CCOlU1t of thetrysalls being over. "71 Q. State whether, or not, anything was done to get the cattle overboard, except wllat. y()u ha,ve stated? A. One bullock-a white bullock-in particular was. very stubborn. "72 Q. What was done with hirri? A. They put a rope on him and dragged him as far as the gangway, and then they used a maul on him-a big hammer. "73 Q. What did they do with it? A. They hit him in the head and tried to kill him, they could not kill him, and they took ropes and got him over the best way they could; of course, when they started I didn't watch everything; I had no reasoll: to watch. . "74 Q. When they put the rope on him, how did they get him to the gangway? A. With a switch llnd derrick; these ropes lead from the derrick to tbe deck; they attached that around his horns; dragged him up to the gang· way and the arounlI: when they got to the gangway, they took the rope olf. ·. · · "113 Q. What wns done. if anything, by the crew willi the stalls to enable them to get. the. (',atrle overhoard? A. They knocked them down. · .. · "118 Q. Do. you ltROW whether, or not, the crew of the steamship took up the flooring put there for 1he cattle? A. Yes str; they took up everything. "119 Q. What was the object in taking up the fiooring? A. To get the cattle overboa±d; . . "120 Q. How would that llelp .them to get tllecattle overbOard? A. Because there was cleats on the fiQOr and they could get a foothold; got them up, they just had the smooth deck. "121 Q. Did you, or not, see one of the crew oif the steamship go overboard? A. A boy. yes sir..: ,.
"122 Q. Were you on dnck at the time? A. Yes sir; standing at the engine room. "123 Q. What was he doing? A. He was shoving a bullock over; it was his own fault; the bullock started to go and he kept shoving, and he slid over with him. "124 Q. Will you state whether, or not, any of the bullocks that were put overboard, were dead when they were put overboard? A. No sir; they were all as healthy as when shipped. "125 Q. How many cattle were discharged at Liverpool? A. 38 bead. "126 Q. What became of the other one-you said that there were 39 left? A. 'fhrowed him overboard. "127 Q. For what reason? A. Because he was dead. "128 Q. Had he been injured? A. He got down and got cramped up. "121:1 Q. In wh'lt condition were the 28 delivered? A. Good condition; not a blemish on them. "130 Q. Do you know anything of the entries in the log of the steamship? A. No sir; if I asked them that question, they would tell me to mind my own business. "131 Q. Who did you ask? A. I say if I did; they never show us anything of that kind. "132 Q. How did the weather at that time compare with other storms that you have encountered when in charge of cattle being shipped on steamers? A. I would not call it n storm; I call it kind of squally weather. "133 Q. Have you ever through storms much worse than that? A. Yes sir; 20 times worse. "134 Q. How did your cattle COOle through on such occasions? A. Sometimes I lost a lot; sometimes they come through all right. "135 Q. Have you, or not, at other times passed through BUch weather as that without losing any cattle? (Objected to.) A. Ought not to have lost a bnllock this time; ought to land all of them at Birkenhead-no need to have lost a bullock. · · · "
Edwards, who had been on cattle voyages for many years, tes· tifies in regard to Sunday morning as follows:
"Question. Tell me what you first knew or heard of their driving the cattle overboard? Answer. Well, I see them all getting together and getting their mauls-thllt is, hPllYY hllmmers ou board ship-and forks-they asked me for a fork, I didn't know what they wanted it for. "Q. Did you ask what they wanted it tor? A. To run the cattle over, they sald. "Q. This was in the morning? A. Yes; that was between half past six and seven o'clock that morning. "Q. 'VeIl, go on and tell me what was said? A. They started in the after place, and as soon as they started I went in there and told the other men about it, and I stopped work right there; as soon as they finished the forward part I stopped. I did not touch none of the after part at all, becaus0 they were busy then tearing up the sheds and stalls and getting the gangway ready. As soon as they got the gangway ready they tried to shove some off, but they had to take the fiooring up-the false flooring which the carpenters put in in New York. After they got that up and the sheds out of the way, every time she gave a lurch, four or five went over. "Q. They found they could not drive them over when the fiooring was down? A. No; there were cleats there on the fiooring for the cattle's footing -on the false flooring; they attempted it but had to take it uP. and then on the smooth deck the cattle slipped and slid. "Q. SO that they would slip on the smooth deck and they could force them overboard? A. Yes sir. "Q. Who was it told you that they were goIng to drive the cattle overboard' A. The sallors. "Q. Did you have any conversation with the captain about it? A. No sir; didn't have none whatever. only he called me up before he started and said he would ha ve to clear that hatch there.
"Q. Which hatch was that? A. That was right after; it must have been No.3 and No.4 hatch. "Q. Was that hatch covered by the stalls? A. Yes sir; it was covered with the flooring-the cattle was over it. · · · "Q. Did you say anything to the captain or the flrst officer about their driving the cattle overboard? A. No sir; I did not say anything to them, but he called me 'llpand told me he was going to get that harehcleared off, that he was afraid the weather might get worse, and there would be 'danger to the ship, or something like that. · ... · .. '
The statement of Edwards is confirmed by the master's own account of his reason for dragging the cattle overboard. The master testifies:
"Question. What did you do during the afternoon of the day to improve the situation? Answer. Before nightfall I saw that I had to go through a tremendoua' hurricane, according to the indications of the barometer. · · .. I convinced myself that I had tremendous weather and that I was to have a hurrica:Jle that night. "Q. And then ;you opened the gangway? A. Towards nightfall I opened the gangway of No. 4 hatch. "Q. On<tlie starboard side? A. On the starboard side, and when it was opener1 some of the cattle went overboard. On the same night, or rather, same afternoon, I opened the gangways on the port and starboard side opposite the deck house because I supposed that in the horrible hurricane that we would have during the night the waves would break the cattle out of their places on the port and starboard bows and carry them down to the alleyways .where there was for. their safety. And as I thought, opening Ws during the night, without my seeing them, but as I had expected, the cattk washed down; the waves broke the houses and washed them down. I do not know how many went over by those gangways during the night, neither do I know how many went over by gangway No.4, what I saw was that in the morning when daylight appeared I saw from here to here (indicating the places where the stalls are on the starboard side)-I saw there, frOlIl the bridge looking over myself that many of the. cattle had their legs sticking out the sides of the vessel through the rail, some one leg, others two legs, and others with all four. This must have happened without doubt during the night. And on that night as I saw the horrible hurricane, between ten and twelve c;>'clock-I don't remember the exact hour-opposite each one of 'the four masts of the vessel I placed oil bags in the water in order to cairn down the waves. , "Q. Over which side of the vessel was this done? A. On the port side, to windward. "Q. Did y,ou sleep that night? A. No sit. "Q. Describe the situation of affairs the next morning? A. In the following morning, ,as I have said before, a great many of the cattle had their legs outside' of the rail, the houses were broken-a few were not broken on the forward part of the ship; the cattle were all down with the exception of those towal'ds the bow, and some were dead, others broke, others with their horns broken off, some were on their' bllcks, making a heap of and boards all mixed in one. When I saw this condition of things the first officer come to the bridge where I had been all night, and asked him his advice as to what to do, in this situatton. He says to me "rhe weather is too strong, the sea becomeS more crested, the heavens still more threatening.' "Q. How was the barometer? A. I then went to see the barometer, and during thllt, time it 'Vas falling very rapidly. I .expected that the hurricane would come'wlth still much greater force. "Q. Had waves,been breaking over the vessel during this time? A. The waves' woUld 'break on the deck, over the bridge, over the houses that had already been broken, and there was water everywheres. And there we could see a calamity. The opinion of the first officer and my own opip,ion, after hav· ing looked at the weather and the barometer, was to determine to open gangway No.3.
"Q. About what time in the m'orning of November 1st, was this? A. About 6 or 7 o'clock-just about daylight. o'Q. And you then opened gangway No.3? A. Gangway No.3 was opened. "Q. Had you been able to have breakfast that morning? A. No sir. "Q; What was done after opening gangway No.3? A. We breathed happy when we saw it open. · * *"
Notwithstanding this description of the situation during Saturday, it is clear from the master's statement, and especially that of the first officer, confirming the statements of the cattlemen, that before the night of the 31st there had been but little damage to the cattle. The first officer says, in answer to the question,
"What damage if any, had been done to the cattle? A. At that time, the 31st, in the afternoon they were not in a very bad state; some of them had already lain down."
The master and the first officer intimate that none but dead animals, or those willi broken limbs, were cast overboard. The log imports no such restriction; while the testimony of the boatswain and the carpenter shows the contrary. It is plain that the account givei:l. by the master and first officer cannot be accepted without considerable abatement and modification. They intimate that the cattlemen were not on deck during the storm; but the details testified to by the cattlemen prove the contrary. The boatswain says:
"On the 21st many dead we directed to have thrown overboard, and some of the live ones followed the dead of their own accord. * * * OWing to the movement of the vessel, they could not retain their footing, and when they fell, the seas would carry them out of the gangways. * * * They were more or less injured, because with the breakage of the houses they were struck by the pieces of the lumber, and many were going around fastened together with those boards."
On Sunday morning he says that most of them were dead, and a great many were with broken legs, and some were alive from hatch No.2 forward; that
"They fixed some ropes so as to hoist and pull over those that were dead and with legs broken, so as to pull them opposite to the gangway (No.3., They were washed overboard, and among the dead there were also some that were alive that would jump overboard. * * *"
He does not say that they could not retain their footing and jumped overboard, because the fiooring and cleats which supported them had been torn up by the crew; Joyce and Edwards explain this. The carpenter testifies:
"Question. How was it with the cattle and the pens aft on the morning of November 1st? Answer. The houses aft were also all broken on the morning of the 1st. "Q. How about the cattle? A. Some of them were going around loose, others were fastened together with pieces of the boards, and generally knocked about the deck."
The carpenter alsp testifies that the stalls which had been broken at No.4 hatch were repaired about 5 P. M. of Saturday the 31st; and the cattle put back in their places; and that the stalls remained in good order until they were again broken some time after.
"Q\IesttoIi.;'Wherrdlll, they break again? :Answer. Those and a great many others were broken again during the night. OJ
lived. Oneot remained i11Jured and wounded on b.oard, died in two or three days, and the same,might ,have happened wi,th the others. . "Question. What ia your about it? Answer. My opinion Is that after having much, Ido not think they could have lived."
Theflrst officer, in answer to the question whether the cattle lost by being thrown overboard could have been saved, even if the sea had moderated, says: "Answer. know; they migbthave llved or they might not have
The eyidence ,shows tha,t w:ithin a few hours after the cattle were driven overboard on Sunday morning, the wind abated, and afterwards, the seas. The log does not say that the seas carried away the falsefiooring, and tlte,.cleats thereon, by which the cattle were supported. I do not cre4it,t.he officers' testimo;ny in that regard; both because Joyce and testify that it was purposely torn up, and be,cause the, about of. th.e qxen on Sunday morning, even those hampered by being fastened together, shows that the cleats still [email protected]
experience in the transportation of cattle; and the experts called by each party place so much stress upon the special circumstances of the situation, the quality of the ship, and the determination of the master's own Ndgment at the time, that in the circumstances testified to, I do not find any conclusive proof adverse to the master's judgment as to the navigation of the ship. The evidence leaves not the least doubt in my mind, however, that the sacrifice of a considerable number of live cattle that were not maimed or substantially hurt, was made on the morning of Sunday, the 1st of November; not from any pressing necessity, but solely from mere apprehension; and I am further persuaded that there was no reasonable or apparent necessity for this sacrifice. It was morning. The night was past. No one testifies to any pressing peril to the ship. The log.does not hint of it. No reason appears why such cattle as could go about, and were actually going about, should not have been cared for and preserved. There was plainly no effort made to separate the sound from the unsound. Even the master says in answer to the question-''Were these cattle standing up that went overboard? They . were down. Some may have been up. I don't know." His object plainly was to clear the deck of all the cattle from No.3 aft, with no attempt to discriminate, or to save any. His state of mind is shown by his concluding words ''We breathed happy when we saw it open." (No.3 hatch.) If the readiness of the master to make this indiscriminate sacrifice was hastened by the provisions of the bill of lading, which pro\ ;ded tlw t the cattle "were to be at owners' risk; steamer not to be held accountable for accident to or mortality of the animals from whatever cause arising · · · or negligence of the master or other servants of the shipowner,"-this sacrifice and the consequent pecuniary loss, furnish but another illustration of the impolicy of all such stipulations. They are invalid by the law of this country; and the further stipulation which would substitute in such matters the British law for our own, is but another form of the previous stipulation against liability for negligence, and equally invalid. The Brantford City, 29 Fed. Rep. 373, 396; The Iowa, 50 Fed. Rep. 561; Liverpool & G. W. Steam. Co. v. Phenix Ins. Co., 129 U. S. 397, 461, 9 Sup. Ct. Rep. 469. The libelants are entitled to a decree for damages for such of the oxen voluntarily sacrificed as were either in a sound condition, or not fatally wounded or maimed at the time they were cast overboard, or negligently or designedly suffered to go overboard through the open gangways on the morning of November 1st, and on the evening and night previous; this must be determined, if not agreed upon, on a reference; with costs.
THE OENTURION. BREGARO v. THE OENTURION et at. AMERIOAN SUGAR REFINING 00. v. SAME. (District Oourt, S. D. New York. June 27, 1893.)
SHIPPING - DAMAGE TO CARGO CHARTSRED VESSEL-NEGLIGENT STOWAGECARGO STOWED BY CHARTERER-LIABiLITY.
A steamship which had sugar stowed in the hold, with hogsheads of molasses in the between decks above it, delivered her cargo damaged, certain of the hogsheads having been broken during the voyage, and the molasses having drained down and damaged the sugar. The cargo was stowed in that manner by the charterer, contrary to the advice of the officers of the. ship. On the evidence the court found that the stowage was not sufficient to meet ordinarily rough weather. After the molasses had flooded the hold, the sluiceway became so choked that the molasses could not be pumped up. The charterer claimed that the ship was liable, because the of the sluiceways was due to certain sweepings of soda, etc., left over from the ship's previous voyage, and not sufficiently cleaned out when the ship was delivered to the charterer at New York; and that such sweepings, combining willi the molasses, produced" a hard cement, which choked up the passages. The vessel, when tendered to the charterer, was in generallv fair condition, and was inspected by charterer, and thereupon accepted without objection. The bill of lading was signed by the agent of the charterer, and the charter contained the provision that "no claim is to be made against owners for loss of cargo." Held, that the charterer was primarily liable for the bad stowage, and the fact that, atter inspection, no objection had been made as to the. condition of the ship on accepting her under the charter, prevented charterer from holding. the ship liable for the choking of her sluiceways and inab1llty to use her pumps. But, held, that the ship is generally liable for bad stowage, whether done by owner or Charterer. Hence, the fact that charterer's agent signed the bills of lading was Immaterial, and, the clause in the charter exempting the ship from liability for loss of cargo not covering a loss by negligence, held, that the cargo owner was entitled to a decree for his damage against both ship and charterer, the damage to be collected the first instance from· tOe cha r. terer, who was bound to indemnify the ship, and any ·deficlt to be paid by the ship.
In Admiralty. Libels by JoseBregaro and by the American Sugar Refining Company against the Steamship Centurion and the New York & Porto Rico Steamship Company to reeover for damage to cargo. Decrees for libelants. McFarland & Parkin, for libelants. Convers & Kirlin. for claimants. George A. Black. for charterers. BROWN, District Judge. The first of the above libels was :filed to recover fQr the loss, through alleged bad stowage, of a portion of 250 casks of molasses, stowed in the between decks of the steamship Oenturion on her voyage from Ponce, Porto Rico, to New York in February, 1893. The second libel was to recover for damages caused to some sugar stowed in the hold beneath the molasses, and damaged by the leaking of molasses throug'h the between decks above. The shipowners denied negligence, and alleged rough weathei' and peril of the seas