Page:Federal Reporter, 1st Series, Volume 7.djvu/615

 THE OEHTENNIiL. 603 �explained the damage sufficiently to satisfy him that it had occurred by a peril of. sea, within the true intent of the bill of lading ; and he was inclined to think that the limbers were stopped by coal dust. He further held, that the payment by the underwriters did not afifect the case. �It is made my duty, by the statute of 1875, (18 St. 315,) to state the facts and my conclusions of law separately; and the latter alone are subject to review; but, as juryman, I am bound to state only such facts as seem to me, as judge, im- portant to raise the issues of law. In this case I do not consider it to be material to find whether the pumps were neglected, or whether the limbers were clogged by coal dust, or by sugar, or by both coal dust and sugar, if either of these statements of fact is found ; because, in my opinion, the ship is liable under either alternative. This is admitted to be the law, if there was any negligence or defect not attributable to the cargo of sugar ; but it is equally true if that cargo created the diflSculty. If sueh cargoes usually drain out a part of their molasses, mixed with sugar, and this cotapound is likely to obstruct the water passage to the pumps, (and this is the evidence for the defence,) then the ship is bound to have limbers large enough, or to provide whatever other means are necessary, to enable the vessel to be kept free of water. �I find, as matters of fact : �(1) That the vessel was reasonably.flt for the voyage in respect to her build and her caulking ; (2) that the claimants (the ship owners) have failed to prove distinctiy that the damage to the cargo was caused by perils of the sea; (3) that the damage was caused either by neglect of the pumps, or by the clogging of the limbers by coal dust, or by sugar, or by both ; (4) that the underwriters have paid the loss to the libellants, snd have made with them the agreement above mentioned. �And I find, as matters of law : �(1) That the vessel is bound to make good to the libellants their dam- age, whether it occurred through a neglect to pump out the ship, or through the clogging of the limbers by coal dust, or by sugar, or by both coal dust and sugar ; (2) that the arrangement between the libellants and the underwriters does not afEord a defence to this action. �Decree affirmed. ��� �