Page:Federal Reporter, 1st Series, Volume 5.djvu/389

 MAY V. 6TEAM-SHEP PO"WHATAIl. 877 �must shoiy that the loss complained of was caused by negli- gence on the part of the ship. �The evidence Bhows that this steam-ship was built for the fruit trade, and its construction intended to render the between-decks uncommonly well ventilated. The hatches •were uni;sually- large, and they were continually open during the voyage in question, the weather having been fine from the time of sailing until arrivai in Bristol. There is no room, there- fore, to contend on the one aide that the loss in question was occasioned by any defective construction of the steamer, nor, on the other, that the sicknesB and mortality in the between- decks arose from a confinement caused by stress of weather, and was therefore a necssary resuit of the attempt to trans- port the cattle in the between-decks. But it is claimed on ihe part of the libellant that the sickness and mortality were «aused by the omission to fnmish a suffioient supply of air \o the cattle in the between-decks by the use of wind-sails in the hatches; while on the part of the ship it is insisted that the sole cause of the loss was the overheated condition of the cattle when shipped. In support of the libellant's claim, evidence bas been given whereby it suf&eiently appears that the use of wind-sails to eonvey air to cattle when carried between-decks, is a precaution commonly resorted to for that purpose, the omission of which, when practicable and avail- able for the purpose intended, is negligence. The libellant bas also produced two witnesses, cattle men, employed by the libellant, who had charge of the cattle during the voyage, and "who swear positively, and with detail, that no wind-sails were put up until the Wednesday morning after leaving New York. �It wili be recoUeeted that the cattle went on board the steamer early Sunday morning. On Sunday night the mor- tality commenced, continued on Monday and Tuesday, and ceased suddenly on Wednesday. The sickness was confined to the animais in the between-decks, and there is no evidence to justify a supposition that it was the resuit of any disease that broke out among the cattle, nor bas such a supposition been made. It is also certain that the loss was not the resuit of the ordinary fatigue of the voyage, for the sickness was ����