68 F. 919 | S.D.N.Y. | 1895
The above libel was filed to recover for damages to bags of sugar upon a voyage from Sagua La Grande to New York in February and Alar eh, 1894. The damage arose from sea water taken in through the decks, and in the waterways and around the coamings of the hatches.
The evidence of very severe weather on the voyage is in this case much stronger, in my judgment, than in the case of The Centurion, 68 Fed. 382, in which the court of appeals in this dis
I must, therefore, hold the ship answerable in this case for insufficiency for the voyage and cargo (The Edwin I. Morrison, 153 U. S. 199, 14 Sup. Ct. 823: The M. R. Bohannon, 64 Fed. 883; Hubert v. Recknagel, 13 Fed. 912; The Giles Loring, 48 Fed. 463); and there is no such evidence of “due diligence” on the part of the owner, or of those who represented him in the inspection and repair of the ship before sailing, as to exempt the ship under the Harter act (Act Feb. 13, 1893).
Decree for libelant, with costs.