Page:Federal Reporter, 1st Series, Volume 10.djvu/153

 POSEY V. SCOVIIjLE. 141 �Joseph p. Homor and Francis W. Baker, for libellant. �W. S. Benedict and George Denegre, for defendants. �Pabdee, g. J, The evidence in the record leaves no doubt that the boiler of the Bonnie Lee exploded, causing the injuries to and the death of Jefferson B. Posey; nor can there be any doubt that the explosion was oaused by a defective boiler. The theory of a snag- ging— �"Whieh tore a hole in the hold of the boat 12 or 15 feet aft of the forward hatch, on the port side, nearly under the forward mud-drum, and broke ofE the mud-drum leg, and tearing open the timbers of the hull, and causing the bow to be raised up suddenly very high and then to fall, causing the boat to be hogged amidships, and upsetting the boiler, by the effect and cause whereof said boiler exploded and the vessel sank," �^Is improbable and wholly unsupported by the evidence. An ex- plosion proved makes & prima facie case of negligence on the part of owners or of&cers. And such negligence is not repelled by the proof in this case. �I do not set much store by the fact appearing in the evidence that after the repairs made on the boiler in this oity the boiler leaked and caused delay, and required caulking within 24 hours after leav- ing the city. But I do find that the failure to have the boiler tested, the same as a new boiler, after one sheet had been condemned as burnt and had been replaced by a new sheet, was negligence. Leav- ing out of the question the effect of putting new cloth into old gar- ments, I am of the opinion that when new sheets are put into an old boiler reason requires the same test of that repaired boiler as would be required of a new boiler ; and I take it that under such circum- stances such new test is required by a fair construction of the laws of the United States in relation to the inspection of boilers for steam- craft. See section 4el8, Eev. St. �The judgment of the court below was against the Eed River Trans- portation Company, as the responsible parties under a charter-party, and that company is the appellant here, insisting that, although they were running the boat in the interests of their company, yet they were not such charterers as made them liable for negligence in run- ning the boat, as they claim thatNoah Scoville, the real owner, was appointing the officers of the boat. �The evidence shows a charter by Scoville to the New Orleans & Eed Eiver Transportation Company of date twenty-seventh of June, 1877, of the Bonnie Lee, for one year, containing the following clauses : ��� �