Page:Federal Reporter, 1st Series, Volume 1.djvu/68

 60 FEDEEAL REPORTER. �such ceiling is also derived from the statements of the con- signee, who testifies that he went down into her hold after she was discharged, and he states that she was ceiled from the keelson entirely up to the deck, Nor does he say a word about any additional ceiling. Ships carrying grain fre- quently have what is called a grain ceiliag, in addition to the ordinary permanent ceiling, which usually extends only to the upper turn of the bilge. Uuiike that, a grain ceiling is a temporary appliance built up as dunnage to keep the grain removed from the permanent ceiling. Sup- port to the theory of the respondents that the steamer had such temporary ceiling for the protection of the cargo in question is derived chiefly from the testimony of the head stevedore, who superintended the discharge of the cargo, and the fact that the steainer, on her former voyage from Odessa to Falmouth, for orders, carried a cargo of wheat, which was delivered without injury. �Beyond ail doubt, the evidence shows that the damage was caused by sait water, which came in contact with the bundies of sheet iron as they lay stowed in the aft lower hold; and it is equally clear that the water must have reached the iron in large quantities to have caused such extensive dama-ge to one thousand bundies of the iron, estimated to weigh 55 tons. Cargo stowed in the same hold, above the bundies of sheet iron, came out in good condition; and the witnesses for the respondents agree that there had been no leakage through the hatches, fxom which it worM seem to follow that the wat^r must have corne from below. �Confirmation of that view, of a persuasive eharacter, is derived from the testimony of the master, who in direct terms attributes the damage to the blowing of bilge-water through the seams of the ceiling in the after hold wlien the steamer rolled. Cogent support to that theory is also derived from the testimony of the mate, who expresses the opinion that it was caused by the ship laboring so heavily and rolling. Con- vincing confirmation of that theory, if more be needed, is also found in the testimony of Port Warden Paine, who tostified that when he went down into the after hold he did not see ��� �