Page:Federal Reporter, 1st Series, Volume 2.djvu/260

 DDNLAP ». STEAMBOAT EELUNOB. 253 �discover, or by the negligence of those in charge of the boil- ers and machinery, and it is incumbent on the respondent to show that the disaster was caused by the former, and not by the latter. �There is no direct proof whatever that there waa any def eot in the boiler or machinery oï the boat to which the explosion could be attributed. The respondent, however, seeks to draw the inference that there was sueh defect from the proof tend- ing to show the good character of the engineer for sobriety, skill and attention to his daties, and from the fact that jnst before the explosion he was at his post apparently attending to his duties ; but there is evidence on the record tending to rebut this proof of the respondent. It is shown that the engineer was not always sober, and there is evidence tending to show that the glass gauge was relied on to asoertain the height of water in the boilers, and that the water-gauge cocks were not used for that purpose. This, aecording to the evidence of the government iaspector, would be negligence, because a glass gauge is likely to choke up and deoeive the engineer. �But the fact which, to my mind, rebuts the inference to be drawn from the alleged good character of the engineer, and his attention to his duties, is found in the condition of that part of the boiler which was left in the boat after the explo- sion. The government inspector says, in reference to tais frag- ment of the boiler : "I examined it with Mr. Henderson. We had it eut, but did not eut the worst part of it, as we desired to keep it for f urther information. The piece we had eut was hard and brittle, and it broke under the shears; its tensile strength had been taken away to the extent of about 6,000 or 6,000 pounds by being heated and chilled; it had been burned by fire." �This witness adds: "It is an engineer's duty to prevcnt the burning of the boilers, and the presumption is that whe» they do burn it is negligence." On this point Sherman, tte stcond engineer, says : "I would consider it great carelessness to let your boiler burn; it could not happen without great careless- ness." ����