The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-25
Decree below Affirmed

net OF safes TO be made at any particular sta Of It,
In tie Case Of syirester Barter and Others r., H. Le.
land and Others Judge Nelson also gave the foil owing
decision The evidences conclusive in favor o. tbs
hbelleDts, That the storage OF the cargo at
general shipment was according to the known md
well established custom and usage in the trade fr,
New Orleans to New York in the products the couI
try which usually shipped from that port and this
not only In respect to the OF storage
TO tie different articles and products slowed together
in the hold of the vessel such the storage barrels
OF flour and bags Of the top Of hogheads Of
sugar The most experienced merchants, surveyors,
and stevedores in this trade affirm this usage with
scarcely an exception. The respondents arc charge
able with notice of this usage and custom, and
quentiy must have known that their -four would be
thus slowed in the absence OF instructions the
sry and, besides being thus ohsrgeasle 1t appears
that the respondents fact aware Of the usage,
and had sent their agents not to ship our
slowed upon hogsheads OF sugar thereby Implicitly ct
least concedng the usage and also that Instructions
TO the shpowners necessary to insure change
the practice Of ladng Several witnesses, who state
that experience has shown that -four is subject par
tcuar damage when slowed with sugar from heat aud
vapor, arising from fermentation oecSsioned by the
DRAWINGS OF sugar mixing with water in the hold Of the
to their agents at Orleans ship their flour
with hogshesds Of sugar Itfurther appears
covery had been made that flour slowed In the way
complained Of subject to special damage from the
DRAWINGS and vapor OF the sugar and that 1t only
within this period orders have been given W
mode of shipment. Mr.. Sherwood, in the house Of
Suydam Sage Co. largely engaged in this trade says
that great deal Of the -four received from New Or
leans previous to the past year arrived In damaged
state-that since ordering 1t not TO be shipped with
sugar it arrives In better order 1t appears to
therefore, that under the strong and very decided
evidence that this cargo slowed every other
cargo Of the kind in general trade, and Of course,
well known and understood by the respondent that
their -four would be thus shipped unless they gave in
s.ructons to the contrary; they must be taken and
deemed to have sssnted 20 the mode Of shipment and
at liberty to set it up . ground OF COM
plant and foundation for deprvng the Of their
freight. The -four has been shipped ss they must
have supposed would be shipped snd ths dour Of
others had always BEEN heretofore shipped from New
Orleans this port unless special directions the
contrary. II there was fault, 1t fault Of the
Of the dealers engaged In II, including shippers
we'll as ship owners, surveyors and stevedores-in
word all persons connected with, concerned it.
Without, therefore, inquiring into origin
of the damage, or particular head under which it
would probably fall were It not attributable to the
stowsge Of all articles OF -four aud sugar in juxtapos
ton But, agreeing that the principal part Of the
damage from this cause, a. 1t probababy did,
upon the evidence yet the ground briefly stated
1t that II cannot be properly chArgesbs to
the ship upon the most stringent principes ap-
plicabls common carriers regard being had to the
weight the evidence concerning the usage
in stowage Of the vessel Decree below affirmed.