Page:Federal Reporter, 1st Series, Volume 2.djvu/416

 ■TàNSÀBD BEFINEBT V. SOHOONBB OBMTEKmiIi. 409 �on board, or bas been hindered from completing bis ladiii^. It is evident that in this regard, adds Yalin, bis dobt is simpl« and ordinary, without any sort of privilege. �Caumont, in bis Dictionary of Maritime Law, title, "Arma- teur," p. 234, § 54, says: "Article 280 of the Code of com- merce is limited to cases specially provided for by article 191, either to damages due the shipper for failure to deliver tbo mercbandise taken on board, or for injury done it by the negli- gence of the eaptain. Aside from tbese cases, and especially wben no mercbandise is laden on board, tbere is no room for a lien upon the vessel, altbougb the sbipper migbt obtain, by judgment, an allowance for damages for the non-performance «f the contract of affreigbtment." �See, also, 2 Boulay Paty Droit, Com. et Mar. 299, cited in The Yankee Blade, 90 ; 1 Hoecbster et Sacre Droit Mar, 74. In 2 Malloy, c. 2, § 2, the law is stated as foUows : "And, therefore, so soon as mercbandise and otber commodities are put aboard the sbip, wbetber sbe be riding in port, baven, or any other part of the seas, he that is exercitor navis ia cbargeable therewitb. ■ ' �I tbink the law is too well settled to be disturbed. The libel must be digmissed. ���Btandaed Sugak Eefineby V. Thb Schooner Centennial. �{District Court, D. Massachusetts. May 8, 1880.) �Vessel — Unsbaworthiness of — Dbfbctivb Liubebs. — A vessel sent upon a voyage with lier limbers in such def ective condition as to pre- vent the water coming in at a leak, opened during the voyage, from passing to the piimps, until a large quantity of water had collected in the hold, is unseaworthy, and liable for the damage caused to the cargo by the presence of such water. �8AMB — PaYMENT of LiOSS by UNDBRWRITBRS — NOT AN ADMIBSION THAT �Loss WAS NOT Caused bt Vessel' s Unsbaworthiness.— Payment ot a loss by the underwriters in euch case is no admission by them th«* snch loss was not caused by the unseaworthiuesa of the vessel. �Henry M. Rogert, for libellants. �C„ T. and T. H. Uussell, for claimants. ����