Page:Federal Reporter, 1st Series, Volume 9.djvu/928

 THE PHABOS. ���91iJ ���gtowed. Along the wings of the upper and lower between-decks piles of redwood were also stowed, some three feet in height, on top of which baies of wool were laid, separated by dunnage, and baies were also stowed between the wings, separated from the redwood by similar upright strips of dunnage. �The Pharos was a new vessel, first class in every respect, and in a seaworthy condition when she left San Francisco. In her voyage round the cape she met with several severe storms, whereby she took in considerable water, some of which penetrated between her decks. When the libellant's wool was unladen in New York, 24 baies were found to be damaged from sea water, and 76 other baies were ahown to be damaged in a manner clearly distinguishable, as the witnesses testify, from mere damage by sea water. Some of these had the entire side of the bagging rotten, and the wool beneath caked and rotten; others had the entire side in a similar condition, except two or three straight strips across the side of the baie where the bagging and wool beneath would be perfectly sound, while ou each side of these straight strips the bagging and wool were rotten ; some had the edges of the baie in a similar condition, and some had the end affected in a similar manner, It did not appear in what part of the ship the libellants' wool was stowed, nor were the libellants aware of the damage until the wool was discharged. The master testified that wool, if in contact with wet wood, would become caked and rotten. The rotted strips in the baies of wool might, in bis opinion, have been injured from the moisture or steam rising from the wet redwood between the strips of dunnage. Much of this wood, he said, was loaded when wet, a considerable portion having been previously submerged in the water. He testified, in a general way, that the cargo was well protected by dunnage, and claimed that there was no injury except such as arose from the steaming and sweating of the cargo, and the access of sea water from perils of the sea. One of the port-wardens testified to seeing one baie showing a similar strip across it unstowed from a place at a considerable distance from any redwood ; another saw some baies in contact with the redwood where the dunnage was out of place. Along the wings only every other strip of dunnage was fastened, and many of these were out of place. The impress of baies of wool was also noticed stamped upon some redwood discharged, as it lay on the wharf. The witness who observed this, an inspector for one-half of the insurance companies v.9,no.l6— 58 ��� �