Page:Federal Reporter, 1st Series, Volume 1.djvu/888

 880. FEDERAL BBPOETEB. �trim of the ship. The safety of the ship is of greater concern to ail than the safety of any particular part of the cargo. And this consideration may modify what would otherwise be the duty of the Bhip-master in separating articles dangerous one to the other. But in the absence of evidence it cannot be assumed that the cargo could not have been, in this re- spect, with safety to the ship, stowed otherwise than it waa stowed. The proof shows clearly that the other baies of bags were stowed-more safely as against this particular peril, and it is not shown that these baies could not equally have been protected from the natural effects of the bleaching powders. If there was any difficulty in doing so, growing out of the necessity of trimming the ship properly, the claimants could easily have shown it. Therefore, they cannot now make this answer to the libellant's claim. �Decree for libellant, with costs, and a reference to compute damages. ���Mainwaring ». The Bark Careie Delap, etc. �(District Court, S. D. New Tork. April 2, 1880.) �DiSTBiCT CouBT — NEW Trial. — Motion for new trial denied, under the circumstances of this case, in view of the fact that the parties are enti- tled, upon appeal, to a new trial in the circuit court. �In Admiralty. Motion for new trial. �A. J. Heath, for motion. �E. O. Bell, opposed. �Ghoate, J. This case has been tried and determined in favor of the libellant, but before entry of an interlocutory decree the claimants move for a rehearing on the ground of newly discovered evidence, and also on account of a part of the testimony being, as is suggested, overlooked. �1. The alleged newly discovered evidence is expert evidence in corroboration of testimony given on the trial that fumes from bleaching powders, loose in the hold, are as likely to injure cargo remote from the bleaching powders as that in its imme- diate vicinity ; also that cargo was injured by the fumes oa this ��� �