Page:Federal Reporter, 1st Series, Volume 7.djvu/796

 784 PBDBBAL REPORTER. �This chain was undoubtedly defective. If it had not beeri it would not have broken as it did at a weight oi 1,500 pounds. But it would not be a proper conclusion from the testimony that the defect could have been discovered by any examina- tion that could have been made. The chain was not so worn down that it had become so weak from that cause alone as to break at any such weight as it was then lifting. This is per- fectly evident from the f act that the rest of the chain with- stood a strain of seven tons. There is no evidence that the link which parted, was more worn than those which withstood this test. Indeed, it would be most unreasOnable to suppose that one of the links was so exceptionally worn as to make it incapable from this pause of lifting 1,500 pounds, when all the others were sufficient for lifting ceven tons. The broken link beiijg lost, it never bas been possible to discover since the accident what the defect was. I am satisfied that ordi- nary care was used by the respondent in its examination before it was put in use on the day it parted. It was, to all appearance, a fit and proper chain, strong enough for the pur- pose to which it was devoted, and such an examination was made of it as was under the circumstances required in the exercise of ordinaiy care. Great reliance is placed by libei- lant's counsel upon the fact that the other chain broke the day before. This would have been a circumstanoe mueh more important if the chains had been subjected to the sam© or nearly the same use or wear, but they differed so much in this respect that the breaking of the other chain was not cal- culated to lead to the inferenoe that this one was likely to prove defective, �It is unneoessary to consider wheiher the libellant was himself negligent, and whether, if bis negligence contributed to the injury, it would be a complete defence, or whether in that case, as in some other cases of marine torts, be could recover half bis damages. See The Chandos, 4 Fbd. Eep. 645. He bas undoubtedly received a very severe injury, but be cannot, consistently with established rules of law, recover the damages from this steam-ahip. Libel dismissed. ��� �