Page:Federal Reporter, 1st Series, Volume 7.djvu/137

 THE ST. PATRICK. 125 �cargo of iron as he did. How was he to procure the neces- sary labor otherwise than upon the credit of the vessel ? As it turns out, the owners are insolvent, the freight is hypothe- cated, the master is probably unable to pay, and, unless the ship is liable, the libellants will lose their labor, for which the ship or owners have received the value from the freight- ers. Under theso circumstances it would not only be an incon- venience but a gross failure of justice if the libellants were denied the right to recover from the vessel for the labor thus performed upon its account and credit. In my judgment the law and the right of this case are with the libellants, and I decline to follow the decisions to the contrary. �The exception is overruled, and there will be a decree for the libellants for the amount claimed, with legal interest from March 2l8t to date. �NoiM. See The M. A. Barnard, 2 Fbd. Rbp. 712. ���The St. Pateick.* (District Court, E. D. Pennaylvania. April 4, 1881.) �1. AdMIBALTT— COMMON CaREIEE — LlABILITY FOB StOWIKO CaEGO IN �Contact with Chemicals. �A carrier is responsible for stowing merchandise in unsaf e proxim- ity to Chemicals liable to injure it. �2. SaMB — EXTHAOKDINABT InJUEY RESULTEStG FROM PeCULIAR NaTUSK �DP Mbhchandibb. �Whetlier the carrier is liable for extraordinary injury resulting from the peculiar charaoter and value of the merchandise not com- municated or known to the carrier, not decided. �3. 8amb — Stowagb of Lima Wood in Contact with Bleaching Pow- �DBB. �Lima wood, a delicate wood, peculiarly liable to injury from Chem- icals, was shipped on a vessel having as part of its cargo soda-ash and bleaching powder. No notice was given to the master of the charac- ter or value of the wood, and he supposing it to be logwood stowed it in contact with the casks of bleaching powder by which it was in- jured. Hdd, that, as bleaching powder was known to be liable to �♦Reported by Frank P. Prichard, Esq., of the Philadelphia bar. ��� �