Page:Federal Reporter, 1st Series, Volume 1.djvu/66

 58 FBDEBAIi BEFOBTEB. �sion accords with ail experience, and is fuUy established in this case by the, evidence, unless the ceiling of the ship is water-tight. Owners of vessels of such a construction, even though they are seaworthy in the general sense, are bound to furnish such appliances for the protection of the cargo so stowed as will protect it from injury arising from the ordi- nary perils of navigation. Damage to cargo, occasioned by sait water, does not coma within the excepted perils when, by reason of the place in which it is stowed, it is exceptionably liable to such injury in severe weather. The Oguendo, 38 Law Times, (N. S.) 151. Ship-owners, by such a bill of lading, contract for safe custody, due transport, and right delivery of the goods, in like good order and condition as when they were shipped ; and it is universally admitted that the contract im- plies that the ship is reasonably fit and suitable for the ser- vice which the owner engages to perform; that she is, and shall continue to be, in a condition to encounter whatever perils of the sea a ship of the kind, laden in that way, may be fairly expected to encounter in the contemplated voyage. Safe custody is a part of the contract, and if, in consequence of the peouliar construction of the ship, further appliances are neoessary to protect the cargo from injury by ordinary perils, not excepted in the bill of lading, the duty of the owner is to furnish ail such; and if he fails to do so he is responsi- ble for the consequences. TJie Marathon, 40 Law Times, (N. S.) 163. Explicit exceptions may excuse imperfections of construction or repairs, but, in the absence of express words to the contrary, a bill of lading, in the usual form, implies a warranty of seaworthiness when the voyage be- gins, and ail the exceptions in it must, unless otherwise ex- pressed, be taken to refer to a period subsequent to the sailing of the ship with the cargo on board. As for example : Wheat was shipped at New York for Scotland, under a bill of lading excepting perils of the seas, however caused. During the voyage the wheat was damaged by sea water. In an action by the holders of the bill of lading against the owners of the ship, the jury having found that the water obtained access to the cargo in consequence of one of the ports being insufS- ��� �