Page:Federal Reporter, 1st Series, Volume 3.djvu/813

 806 FSDSBAL BEPOBTEB. �of the couplings ; and when they are once loosened the tes- timony shows that the wear both upon the boita and holea ia very rapid. This is the explanation given by the officers of the steamer of the cause of the disabling of the machinery, which delayed her. �The testimony of the numerous marine engineers who •were examined as experts shows that this is an accident which seldom occurs, but there is proof that it bas some- times happened; and, while many express the contrary opinion, quite a number of these experts state that the cir- cumstances of the voyage as detailed in the testimony of the officers of the steamer are sufficient in their judgment to account for the accident, even though the bolts had been in proper condition when the steamer startedj and every care and precaution had been exercised. The Netley Abbey appears by the oharter-party to have been built in 1878, and was therefore, at the date of the contract, not two years old, and it was hardly to be expected that her machinery needed Buch an examination, before starting on the voyage, as could only be had by taking the bolts out and replacing them; and as the shaft worked smoothly, without jar or noise, at the end of the previous voyage and at the commencement of this, I am not at ail inclined to think that an examination in port, . such as is usually made before starting, would have disclosed any looseness or defect, and I am not satisfied that under ail the ciroumstances I should be justified in holding that the presumption of seaworthiness has been overcome. �The respondents impute to the libellants as negligence that the steamer was not provided with rimers for boring out the boit holes after they had worked out of shape, and extra bolts to fit them, so that the diffioulty might have been remedied at sea without putting into port. �It would appear, however, from the testimony of experts, that it would have been almost impossible to rime out the holes at sea, with the vessel in constant motion; and as it could not be foreseen what sized holes would resuit from the riming, a great variety of bolts would have to be pro- vided, and they testify that such provision is never made. ����