Page:Federal Reporter, 1st Series, Volume 5.djvu/395

 •WICKWIRK V. THE FEKBI-BOAT MONTANA. 883 �could speak, is left in doubt by the testimony of a witness from the steamer, who contradicts the libellant, and says that some 30 of the cattle in the second division went into the between-decks. But, aside from this statement of the libel- lant, there is sufficient evidence to compel the conelusion that the cattle in the between-decks, when shipped, -were not over- heated or exhausted, and that the subsequent sickness and mortality during the first three days of the voyage can be attributed to no other cause than the detention of the cattle during Sunday in the between-decks, rendered unnecessarily hot and unhealthy by the f act that the steamer lay along-^side the pier and without wind-sails up. �From this conclusion the liability of the steamer must fol- low, notwithstanding the provision in the contract that the vessel was not to be responsible for any mortality whatever ; forit is settied that a carrier cannot by any form of agreement relieve himself from the consequences bf his own negligence. �A decree must therefore be entered in favor of the libellant, with an order of reference to ascertain the amount of the loss. �Note. See Ormsby y. U. P. B. C'a. 4 Fhd. Kbp. 706. ���WiOKWiBB and others v. Thb Fbert-Boa.t Montana and The Tdo R. S. Conover. �{District Court, -E. D. New York. , 1881.) �. Collision in Nokth Riveb at New Tobk — Tua ahd Tow— Neg- LiOENCB. — A tug was taking a bark from lier bei-tli along-side aferrj'- glip in the Hudson river, at New York, and jnst as a ferry-boat that had corne up was hacking to avoid a sloop ihen in her way, the tug commenced to haul on a hawser on the starljoard quarter of the hark, thereby moving her astern, the ferry-boat stopped backing, and the two came in collision. The owners of the bark libelled both the ferry- boat and the tug for the damages. Edd, that the ferry-boat was not in f ault by backing when she did, nor for stopping, as that diminished the damage that resulted from the collision ; but that the tug was in fault for moving the bark astern at that time when another course was open for her to take, �Tn Admiraltv. ����