New-York tribune., 1866-12-03
CIVIL COURTS
UNITED STATES CIRCUIT COURT.-DEc. I.-Before
Judge NII-ON
SUIT TO RECOVER FOR DAMAGED FREIGHT-OTiSIoN or
Oliver Noscs ct a. nri Iil,t noIert r. Boyd. ct al

UNITED STATES CIRCUIT iOlRI.-DLA. l.-lelOlt
Judge NII-ON
SUIT TO RECOVER FOR DAMAGED FRElGHT-OilMcN or
JUDGE NELSON
Oliver Moses ct al, agt. Robert Il Boyd ct 81.
Nelson, G. 1.-The libel IN this case was hied upon
acharter party 70 balance Of freight The char
party bore date 2ih july 1902 The voyage WAS from tins
s sailed about the leh August and arrived at HayTe 23l
September following The c~ro consisted ohiedy Of wheat
sioVcd in the hold portion Of the r slowed between
decks The dispute in the between te parties arises out
of damage occaoned ~ the wheat IN the hold by the leaking Of
the lard between decks with which the charcers were charged
in IIsrc and paid. and now CLAIM the nght 70 re'Ma
the amount ont OF the freight money insisting inc
vessel Is responsible for this loss some difficulty seems to
have existed m the Court below ~ reaching thS question or in
peadng but whatever may have been the merits o. the n
Guilty there has boc rcmdod by au amendment OF The plead
ings in this Court and the question fairly presented THIS aT
between decks when delivered at The spto be taken on b0ard
vas ,iy leaking from the casks aud most Of seemed ap
parcuy in m almost liquid satthe weather was oAoesstg
hot so that the hands engaged in the storage had 70 BE- ire
qucntly rcicycd and some days 10 he u! IN Iug mur VI Wv w
dav The scYcdorc who Ind charge OF e LOADING refused 10
take the responsibility OF Paens sae iaAE & C'Sn o n tb
hold and required the direction OF thc master who also e,oa
to taking in Tie cargo and made his objection known TO the
clarcIcrs Nhercuh uo! sule nin l1 que o,i' ~, 49,
mont before he would consent 20 the storage to pay any
damages that Yourself mase) or The snip may bc SUBJECT 10
on the discharge OF The cargo at llG'r me SlH uiHso
arising from the lard being slowed between decks ana running
the other cargo either in Che bct"c" decks or III 'Ne o"
This We regard modification Of e charter party and j.
ucal cmhaI1as OF thc IN the Court below.
is admitted that Tue damage to The cargo "a question ao,c
out Oi the LEAKAGE Oi TIE iirG NOult
and 3O partially empty when discharged at Ha,fe ml
TIC lard had dppcd through thc az the deck to TIE cargo
below heated and damaged the wheat and spread o'r the De-
tween deck.
II is vanod the part Of the chacrers that the bcwoen
deck was not well and sufficiently clulkcd and that II had
been Notwithstanding tc ey condon oi thc easA o. ll
II would not have worked is way tbc lower hOd and hence
should Ne held responsible for the damage and we
agree this aspect of the bc maintained upon the
proofs the decree should lc for the Chaucrc because the
guarantee should be construed cNoucHtng the ship nom
being nl poets sCdworthy condition TO carry tins
description cargo We have consequently looked into the
proof, on point and though there conflict OF
OpriOn a1oc the witnesses, inclined 10 think that
the weight 81 does NOT sustain The allegation Of the respond
ents The witnesses who speak OF the practice usage
of carving lard leaking between drcks without danger to
the cargo below IL The deck properly cHulked, generally
qualify the remark respects lard an hquid stat" IN the
casks which as apparent the proofs IN this case was
the condition OF considerable portion u 10 when slowed ana
n che weather continued hot throughout nearly the whole OF
the VOYAGE this O the lard must have increased rather
than diminished Indeed the state of the casks when dis
charged and Of the between decks far 90 confirm the ell
dcnce unusual leaking condition when put on board the
vessel which led the cycdOe and master 20 object "a n a. not
iii shipped And the fact that the cthCIcrs iScah OF
insisting upon their right under the charter chose To modify II
respected the particular article leaves a implication o as
uLItuCss,
some question made upon clause ir The charter party
that the vessel should be- consigned 10 the cihiiccr
friends in Hayrc and which consigned accolng To th'
house O j. Barb Co. This house received the bills OF ladne
and collected the freight and paid over TO the master me
amount due excepting the balance m dispute They obviously
REGARDED themselves acting n The interest and for the beut
Of the Chnrccrs and cannot ngcc that TIE payment bl
them 0f tie damages u HuyIc was payment ~ agents OF zoe
shin 50 as 70 conorde The, dealt with the freight
mOnoys Ou the friends but n The agents "i tho chnfr
en- ms apparent from accounts between the two houses
We think Court below oTrd aud that the decree should
be- reversed and decree entered for hc above balance