Page:Federal Reporter, 1st Series, Volume 6.djvu/425

Rh interested, and was conducted in good faith, and, for all that appears, was the beat thing possible. The master had no more earned his freight than if he had sold the goods for cause at a port of necessity.

Affirmed.

1. Baggage of Passengers—Owners of Vessels—Rev. St. f 4282.

The baggage of passengers ia not "merchandise" within the meaning of Rev. St. § 4282, exempting the owners of vessels from liability for the loss of merchandise in case of fire occurrlng without their design or neglect.

In Admiralty.

This was a libel in personam by Elizabeth C. Moore against the Michigan Transportation Company, owner of the steamer Marine City, to recover for the loss of baggage upon a trip from Mackinaw to Detroit in August, 1880. The libel set forth that the steamer was burned upon the trip, and libel- lant's trunk, with the contents, totally destroyed. Defence, that there was no allegation in the libel that the fire was caused by the design or neglect of the ownars, and that by Rev. St. § 4282, they were exempted from liability.

Alfred Russell, for libellant.

J. J. Atkinson, for respondent.

Brown, D. J. By Rev. St. § 4282, "no owner of any ves- sel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the de- sign or neglect of such owner." The libel and exceptions thereto present the single question whether the personal bag- gage of a passenger falls within the denomination of "mer-