The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-16
Decisions In MISUNDERSTANDING to Ship
ping Merchants.
UfITED STATES CIRCUIT COURT.
Before Hon. Judge Nelson, Chief Justice.

BEFORE hon Judge nelson, Iniei Jushcc.
BILL OF LADNG-cLAUsE CONTENTS UNKNOWN.
snT. l5.-The Bark ColumLo Otto Dit, al-rhe
libel filed in this by Dill and others, recover
damas for injury 10 OF the casks Of brstcs In
cargo shipped from Hamburg TO this port. The LIBEL
AYERS that the sooes shipped under bill Of adng
which the master acknowledged the receipt Of the
goods board the vessel in good order and condition
and engaged 10 deliver them in like good order and
dillon 10 the consignees Tie denies the alcga
tons ia the libel The cask In question was one Of thr
teen shipped 10 the hbelann each containing eight
ndredpounds Of brstles and worth aDou. two hun.
cred dollars. The skis slightly made In the form tf
barrels or hogshcads, covered by mating, well secured
by cords around the body and ends The cartman who
RED the goods from the Flip went into the hid Of the
vessel 10 assist 10 taking them out when he pressed bis
foot upon the cssk he discovered broken. II did
appear Injured I'LL lie put hts foot on Il and II could
lave been raised from the ship without discover the
break. the cask was found broken at the bigc, when
,he mating was removed alter delivered AZ the store
Tie bill OF sding not proved, either in the court be-
or In this court, and entertain strong doubts II Il
should be regarded part Of the The clerk who
ttshcs was received irUm the shippers al Hamburg by
the rsenecs at tbs port in letter speaks only from
bcarsay not OF his own knowledge aad II he did
bis evidence hardly be regarded proof Of It's
culon b. the The delivery o. the goods by
mater 10 the eonsgpees named IN II may raise an Ian
picaion In aver Of the genunenoss Of the Instrument
hut The evidence very loose and might be abused al
lo~ cd NJ generally satisfactory. do not mean, how
ever TO put my ogooa upon this point OF the case Tue
corttnts unknown when the matt M and ropes wcro
removed tie bris les IN the cask found 10 be very
much ranged and the bunches broken aud confusion
90 ttsi II would be difficult TO a'sort them Now, /
pr9enispd the effect % tbs clause Ia the bin OF Iains
there IS admission by the master as 10 the condition Of
he goods that visible TO the eye or from banding
the casks or boxes, or outside protection, whatever
II may be n II Goes not mean this am no, that
any eject can be siven TO ~ "a How 212) It IS OBJ.
th,re any dspute about the quantity condition Of the
goods or tas contents OF the casks bates are un
IA nf l.lsn h.
aecort ingly." As far my experience goes think
this Effect 81 the clause s Ia accordance with the general
understanding Of ttose coEcornei IN the carrying ~
goeds sbppers ard owners. When. therefore. qacs
ton arises rs 10 the condition OF the contents OF Casks or
Of Ia ing, the burthen res upon the shippers 10 the
first Instance 10 prove the condition OF t1e goods At the
time Of shipmer; aud REMEMBER several caves before
II which commissions executed abroad, aud an
esboste inquiry made hs behalf for the purpose Of
establishing the TACT II tie external covering or the
COOS damaged accounting for the injury 70 the con
tnts. then the evidence may b. dispensed with. Tue
admission in the Bill OF fading would be primo fdcls su
cert II was said on the argument tina, the external
covering or protection, in this case, damages and
that u in this condition nj the time the goods were
shippea, the master mast have known il, or at least
s char fesbie with knowledge. But not saiisusd
that this IL Just reasonable conclusion from the ev
dcuc The ca,man states that The cask apparently was
externally unpiured, and that might have been raised
n om the hold without discovering the break aud so il
might have been stored there without discovering the
ac, ind,ed, appears from the evidence tina, the o.
verr Of tbs cssk with the mat well scared with cords
both around the body aud end, would prevent any dis
cove.y o. the break unless there some special
amir alton II seems e. me- therefore, that the is
one n wocb efec, should be given 70 the clause in quoa
ton and IN which the burhen lay upon the beiants
prove the condition Of Tue contents at the time tn goods
were delivered on board The ship and that in the ab.
tcfce o. such proof The carrier not properly charge
SHE Tor the condition Of the contents. II would
Re very unjust 10 charge him, ii they do
yered 10 the consgnce The condition received on the
tbp and for aught stipulated the bill OF lading,
thiik they have been Decree reversed with costa
FART OWNERS, sAsTER-PARrNERsHr ACCOUNTS.
n as arm tf
LsA<yy --Tns libel was fltd to a balance OF
freight The hbeIlsn,s Of the ship Cons,e
alton, OF which William J.. iitner master and
pau owner, and carried from thss port ne
Iort a sm Francisco, - the years $1,000
Two hundred and fny thousand feet NJ lumber
sbd Twenty me thoaahd seven hundred cypress shin