Page:Federal Reporter, 1st Series, Volume 3.djvu/810

 PTHAN ». VON SINOEN. 803 �3. Nbslicieiice— BoiiTS— RiMBRs;— The fact that the ship was not pro- yided witb rimers for boring out the boit holes af ter the^ had worked out of shape, and extra bolt's to ût them, bo that the difflculty might bave been remedied at sea witbout putting iato port, did not consti- tute negligence. �In A^miralty. Libel by owners of steam-ship Netley Abbey agaiust cbarterers for damages resultiug from refusai to load steamer. �A. Stirling, Jr., for libellant. �John H. Thomas, for respondents. �MoERis, D. J. On August 16, 1879, the British steamslip Netley Abbey, 1,113 tons, -was in the harbor of Newport, in England, near Cardiff, and on that day the agents of the libellants, who are the owners of the steamer, chartered her to the respondents, who are merchants of Baltimore, to corne to Baltimore and load a cargo of grain for Great Britain or the continent. �The clause of the charter-party involved in this suit is as foUows: "The said steam-ship being tight, staunch, and 'in every way fitted. for the voyage, with liberty to take out- ward cargo to Baltimore for owner's benefit, shall, with ail convenient speed, sail and proceed to Baltimore, where she guaranties to be in time for loading Jirst hajf of September, 1879; the act of God, restraints of princes and rulers, dan- gers of the seas and navigation, accidents to boilers, machinery, etc., always excepted." The steamer had arrived at New- port from Carthagena, in Spain, on the ninth of August, with a cargo of iron ore, and having finished discharging that cargo on the twenty-first of August, and having taken on her coals and ballast, she proceeded to sea about midday of the twenty-third of August. She had moderate weather for the first 24 hours. Then the wind increased to a gale, with very heavy sea, which had continued for about 12 hours, when the engineer reported that some of the bolts Connecting the after sections of the propeller or tunnel shafting were loose. The ship was hove to and the bolts were driven up, and the nuts tightened, and the ship started again at half speed. The heavy sea continued, causing the ship to labor, and the pro- peller to race. ����