Page:Federal Reporter, 1st Series, Volume 1.djvu/71

 BICHABDS V. HAKSEN. 68 �occasioned by one of the excepted perils. Clarli v. Bamwell,. 12 How. 272; Story on Bailments, (7th Ed.) § 529; Nelson V. Woodruff, 1 Black, 166. Eeported cases, however, may be found where it is held that if an excepted peril is shown -which is adequate to have occasioned the loss, the burden of proof shifts, and that the shipper, in such a case, is required ta show that it was not occasioned by that perU, but by some negligence of the carrier, which rendered that peril efficient, or co-operated with it, or brought it about without any con- nection with the sea peril. The Invincible, 1 Lowell, 226; The Lexington, 6 How. 384. Such ship-owners, carrying goods under a bill of lading by which they contract to deliver the goods in good order and condition, certain perils excepted, are bound to deliver the same in that condition unless pre- vented by those perils, and are responsible for any damage to the goods occasioned otherwise than by those perils. The Chasca, 32 Law Times, (N. S.) 838. Three marine surveyors examined the steamer after her return, and concur in the opinion that she was not fit for such a voyage, at that season, in view of her construction and consequent tendency to roU and produce blowing in a heavy sea, and many other wit- nesses are of the same opinion. Her internai construction was such that bilge-water could blow into the hold through the seams of her ceiling when she rolled, it appearing that her ceiling was built upon the ribs of the ship, beginning at the keelson, only 14 inches above her iron bottom, and that it continued ail the way up to her main deck, being only about four inches away from her iron sides, which shows that bilge-water might rush up between the ceiling and her iron sides whenever the ship rolled, as there is no evidence to show that the seams of the ceiling were caulked or pitehed before she sailed, or at any time during the voyage; Defeets of the kind might easily have been remedied before the voyage be- gan, or at any time during its progress; but it does not appear that any attempt was made to apply any of the known remedies for such defeets. Stowage in the lower hold may be a fit place even for such a cargo in a steamer of a different construction, and doubtless might bave been in the steamer ��� �