Page:Federal Reporter, 1st Series, Volume 5.djvu/388

 376 fEDBBAL BBfOBTBB. �3. Same— Samb — Samb. — ^If it was neceasary for the ressel to lay at the pier during the day, and if it waa impossible to use wind-sails with suocesa wliile the vessel remained at the pier, thea it was the duty of thosein charge of the vesael to inform the owuer of the cattle of those facts, and to keep the cattle in a proper place upon the pier until the vessel was about to move. — [Ed. �Bbnediot, D. J. This aetion is brought to recover for damage done to a shipment of cattle while being transported on the steam-ship Powhatan from New York to Bristol, Eng- land, in July, 1878. �The cattle came to the steam-ship at pier 40, East river, on the moming of Sunday, the seventh of July, in two divis- ions. The flrst division were ail on board the steamer by about 9 o'clock a. m.; the second division arrived soon after and went on board at once, so that ail the cattle were on board before 10 o'clock a. m. One hundred and twenty- nine were put in the between-decks and the rest on deck. The day was hot, the thermometer at the signal oflSce regis- tering 76 deg. at midday. After the cattle were on board, the steam-ship lay at the pier until 3 :30 p. m., when she pro- ceeded to sea. On Monday morning foUowing, two of the cattle in the between-decks were found dead. On Tuesday morning six more of the cattle in the between-decks were dead, and nearly ail in the betweeurdecks were sick. On Wednesday morning eight more were dead in the same place, and two more died during that day in the same place, making 18 in ail. Then the mortality ceased and the health of the cattle improved. AU the rest of the cattle, except one of those on deck, which died later from cramps, arrived in safety. The condition of the cattle landed from deck was about as good as when shipped. Those that survived in the between-decks, when landed, had lost condition, and were diminished in value. The libellant now seeks to recover of the steam-ship for the value of the cattle that died in the between-decks, and for the diminution in value of those in the between-decks that survived. �The law applicable to the case is not in dispute. Under the terms of the contract, the libellant, in order to recover, ����