The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-05
United states Circuit Court.

IMPORTANT DECISIONS IN APPEALS FROM THE DE-
cREEs OF THE JUDGE AT ADMIRALTY.
Oct 4.-Efisha Baker u.s. The ship Potomac.-The only
question IN this case arises out of the report Of the Com
msoners in the Court below in respect to the amount Of
repairs made and materials furnished to the ship Potomac
The Court below based its decision upon defect in the ex
cepons taken to the report relating either to matters
settled in the decree not sufficiently specific and pointed
to raise the exception am inclined to think the Court
right on both grounds stated But independently Of
this answer, | have looked into the evidence before
the Commissioner without regard to the penal obiec
tons, and am satisfied that the weight sustains the
report at least, the evidence furnished the part of
the respondent tending to reduce the amount and
value Of the REPAIRS and to change the terms upon which
they made is questionable. that are not dis
posed interfere with the report as the witnesses were
personally before the officer making it, and who had bet
ter opportunity TO determine the degree of availability to
be given them than have The extent and cost Of
the repairs TO have been established in the way
and with reasonable satisfaction the rebung proof
ed
Wi,iom Nelson and others John o. Woodruff; John
o. Woodrefrs. William Nelson and others.Thc libel was
filed in the first by the belant to freight up
on shipment of 099 bbs and 81 terces Of lard the
ship Maid OF Orleans, to this port in the July and
August 1854 It was filed in the second case by the con-
sgnee against the respondent to damages for
loss of part Of the lard in the Of the ship
ment. Both causes depend on the same evidence
and were heard together in the Court below and in
this Court II is not denied but that very heavy loss of
the lard occurred board the vessel during the voyage
Wcn was discovered upon dischargng the cargo at this
porta loss Of some 10000 pounds, worth $60 900
The bis oil adng are in the usual form, shpped in good
order, &c damages at sea, &c excepted to, which is
added at the foot contents unknown" The weather
excessively hot in New Orleans in the month Of July
1854 when the lard put board and when deliver
ed by the shipper on the levee, which done of
morning and evening TO avoid the heat of the day The
delivery however, was continued in the morning until 10
O'Clock A. NJ, and renewed between and p. NJ and
according to the weight Of the testimony the
lard was taken on board Of the vessel with all
reasonable despatch When taken on board it
in a liquid state, and few Of the barrels leak
cd so badly at the levee that the hoops had TO be
frightened, and some of the barrels found to be
partially empty. The great deficiency ia the quantity
that occurred in INC Of the shipment is atrfbuta
bic to the leakage Of the casks which the beant insists
Is chargeable alone to the condition character Of the
article at the time Of the shipment and during the voyage
The proofs in the case taken at New Orleans and ut this
port very full and satisfactory that the lard pro
pery lind skuly stored both respect to the place in
the hold Of the vessel and the OF the storage
And II farther shown that all due and proper care was
taken oft in the course Of the shipment and perceive
nothing in the evidence, when critically examined and
weighed 10 appearance and condition OF the packages
when discharged at this port going TO impair the proof Of
the Hbelant on that head Tho barrels and
uerces appear to have been well made and
with proper material, and to have wthstood tho
shipment without any substantial Injury, with
hence the Leakage But this accounted for by nearly all
the witnesses experienced in the shipment Of the article as
resulting from the effect Of the hot weather connection
with the tendency Of the melted lard to shrink the slaves
and loosen the hoops The proof is that the months Of
July and August the hottest beyond those many
preceding years and that opening the matches after
rival OF the vessel at this port the heat excessive
That no person could remain in IT, IL Is well settled that
the shipper takes the risk attendant upon shipment
cargo OF this character from the hcnt Of the weather
ess one neglect fault he charged upon the vessel
contributing TO the loss az How. 272) and I must saw
after very careful examination Of the evidence that in
my judgment such negligence faux has been cstal.
hshed The decree OF the Court below must be affirmed