Page:Federal Reporter, 1st Series, Volume 3.djvu/821

 8li TIIDEBili BBPOBTEB. �Jannet and others », The Tudoe Company. (District Court, D. Màitaehuseti»., 1880.) �l NEG14GENCE— Shrineagb of Cutch— Stowageand HoisTrera.— 2,502 bags of cutch were received on board a vessel at Calcutta, during the months of January and February.for shipment to Boston, and bills of lading were delivered for the same, containing the uaual exception of the perils of the sea, and the memorandum, "weighta and contents nnknown." The cutch, -when received, had become somewhat soft- ened by a voyage, from Singapore, of 1,500 miles, and was therefore rebagged at Calcutta. It was stowed in the customary manner on the bottom of the ship's hold, but piled in tiers somewhat higher than usual. The ship sailed from Calcutta in March, and reached Boston in July. Every precaution was taken during the voyage to diminish the heat of the hold by ventilation, and, upon reaching Bos- ton, the bags were hoisted eut of the hold and delivered on the wharf, in the usual manner, by means of slings. ffeld, under the circumstances of the case, that a slrinkage of about 5 per cent, of the weight of the catch was owing to the inherent nature and quality of the article itself, and net to any negligence of the owners of the ship. �John G. Dodge a Sons, proctors for libellants. �Dana e Harding, for respondents. �Nelson, D. J. This is a libel in personam, against the owners of the ship Iceberg, to recover for loss and damage of 2,502 bags of cutch, on a voyage from Calcutta to Boston. It appeared at the hearing that the cutch was received on board the Iceberg at Calcutta, in the months of January and Pebruary, 1878, in good order and condition, and bills of lading were delivered for the same, containing the usual ex- ception of the perils of the sea, and the memorandum, "weights and contents unknown, " �The ship sailed from Calcutta early in March, and arrived in Boston in the foUowing July. In the course of the voy- age, in consequence of the heat of the lower hold, where it was stowed, the cutch had softened, had leaked out of the bags, and run together, and had become mingled with. the fragments of the bags and the dunnage, and had suffered a shrinkage of about 5 per cent, of its weight as received at Calcutta. In addition to the loss of weight, the libellants ����