Page:Federal Reporter, 1st Series, Volume 1.djvu/74

 66 FEDBBAIi BEFOBTEB. �the damage was occasioned by the extraordinary perils of the seas, is the united testimony of the sixteen witnesses since introduced by the respondents. Suffice it to say, without reproducing their testimony, that they are -wituesses of great nautical experience, and that they ail testify in substance and effeet that the weather, even as described by the master, was not more boisterous than is usually found on that voyage at that season of the year. Eight steamers coming westward over the same route as the steamer of the respondents, start- ing at different times later, overtook and passed her at varions points on her course, and encountered only moderato weather, and made very good passages as to time. On the other hand, steamers which left a week earlier than the steamer of the respondents encountered severe and heavy weather, such as is to be expected and is usually experienced during the winter and early spring months. Inquiry was made of the master whether or not there was any unusual wind or weather dur- ins the voyage, and his answer was, "We had very heavy gales, sir, but I could not say it was an unusual thing to have, except at that season, being so far advanced." �Examined in the light of the whole evidence, the court is of the opinion that the respondents have failed to show that the damage was occasioned by the perils of the seas within the meaning of the bill of lading. Much testimony was intro- duced by the respective parties in regard to the dunnage of the sheet iron stowed in the lower hold. Dunnage usually con- sists of pieces of wood placed against the sides and bottom of the hold of the ship, to protect the cargo from injury by con- tact with the vesael or other cargo, or by leakage. Confined to that purpose, the court is of the opinion that the weight of the evidence shows that it was sufficient, but if its purpose be extended as a means to protect the cargo stowed in the hold from being wet by bilge-water blown through the seams and crevices of a defective ceUing, the court is of the opinion that it was olearly insufficient to afiford any such sufficient protec- tion. Conclusive proof is exhibited that the ceiling was not water-tight, and ail the witnesses examined upon the subject, except the head stevedore and one of his assistants, have ��� �