Page:Federal Reporter, 1st Series, Volume 2.djvu/255

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

948 FEDERAL REFOBTEB. �employed at the timehe was hurt. Still further, the dunnage and plank that, by reason of neglect in the manner of stow- ing, fell upon the libellant, were part of the apparel and fur- niture of the ship. �In legal effect the blows inflicted upon the libellent were blows of the ship, and for blows given by the ship she has always been held liable ; as, for instance, in cases of collision. It thus appearing that this is a case where the damage sued for was eaused by the wrongful neglect, upon navigable water, of a duty owing to the libellant by the owner of this ship, and arising ont of the employment of the ship, in her capaeity as a carrier of cargo, I must adjudge the vessel herseif to be lia- ble for such damage, and she is accordingly condemed to pay the same. Let a reference be had to ascertain the amount of the damage. ����