Page:Federal Reporter, 1st Series, Volume 1.djvu/62

 5i FEDEBAIi BEFOBTEB. �The point is one that cannot be made clearer by elaboration. I rest my judgment upon the fact that the allegations of the pleading are net sufficient, within the rule stated by the su- preme court, to apprise the defendant with that certainty which the law requires of the nature of the accusation against him, to the end that lie may prepare his def ence, and plead the judgment as a bar to any subsequent prosecution for the same offence. �Judgment must be arrested. ���THE SVEND. Richards and others v. Hansën. {Circuit Court, D. Massachusetts. November 24, 18T9.) �CoMMON Cakriees bt Watkr — ExcEPTioKs IN BiLL OF Ijading. — Ex- ceptions in il bill of ladiDg against breakage, leakoge aud rust, as well as tlje pei'ils of the soa, rlo iiot relicve a carrier froin liability where a cargo of iron was injured by sait water, owingto Improper stowage and the detecti\'e construction of the vessel. �Cliffoed, J. Carriers of goods, if eommon carriers, con- tract for the safe custody, due transport and right delivery of Ihe same, and, in the absence of any legislative regulation orescribing a different raie, are insurers of the goods, and are liable at ail events and for every loss or damage, unb- it happened by the act of God, or the public enemy, or tlic fault of the shipper, or by some othor cause or accident ex- pressly excepted in the bill of lading, and without any fault ■ir negligence on the part of the carrier. The, Cordes, 21 How. 23. Ship-owners and masters of ships euiployed as general ships in the coasting or foreign trade, or in general freighting business, are deemed eommon carriers by watei-, and as such are as much insurers of the goods they trans- port as eommon carriers by land, unless it is otherwise pro- vided in the bill of lading. Story on Bailments, (7th Ed.) 501. Such a carrier's ôrst duty, and one iraplied by law, is to provide a seaworthy vessel, tight and staunch, and well ��� �