Page:Federal Reporter, 1st Series, Volume 5.djvu/392

 380 FEDERAL REPORTER. �observing the treatment of the cattle. Notwitlistancling which, no attempt was made to furnish more air to the cat- tle until after the steamer had left the pier and was proceed- ing down the bay. It bas been attempted to be shown by the mate that wind-sails would have been of no avail to throw air into the between-decks while the steamer lay at the pier, but it is quite manifest, from his testimony, that this was not the reason for his omission sooner to get up the wind-sails. He gave no such reason to the agent of the so- ciçty when told that wind-sails were needed at once, and the evidence in regard to the breeze then blowing, and the position of the ship, disproves the assertion that wind-sails would bave been of no use while the vessel was at the pier. �It bas been contended that the detention of the steamer at the pier during Sunday was caused by the failure of the cattle to arrive at the hour designated, and so compelled the steamer to lose the morning tide and to lie at the pier during Sunday; it having been sworn, without contradiction, thatit was not possible for the steamer to get away from the pier except upon a slack tide. But the evidence fails to show that the failure of the steamer to get out on the morning tide was caused by a failure of the cattle to arrive at the ap- pointed time ; and, if such had been the fact, it is not seen how it could excuse any subsequent omission to use reasonable care in regard to the animais after they were on board. �Furthermore, if it was impossible for the steamer to leave the pier except on slack water, it was known to those in charge of the steamer when the cattle came that the steamer was to lie at the pier until after 3 o'cloek in the afternoou ; and if it were true, as the mate says, that it was impossible to use wind- sails with suceess while the steamer lay at the pier, it became his duty to inform the owner of the cattle of the fact that the steamer was to lie at the pier during the day, and to keep the cattle under the shed upon the pier until the vessel was about to move, instead of putting them in the between-decks of an iron vessel intending to lie still in a place where wind- sails would be of no avail, in a broiling sun, during the whole of a July day. ����