John Catron

“ But what appears to us far more satisfactory than the speculations of witnesses is, that the cargo of The Miles was lost by decay, she being loaded at the same time and in the same manner as was The Howard, and with part of the potatoes taken from the same lighters-although The Miles made her voyage in due time.
Our conclusion is, that the libellant's case has no merits. It is therefore ordered, that the decree of the circuit court be reversed, and the cause remanded to that court, with directions to dismiss the libel with costs. ”

“ As a dealer in this article, the witness had very small experience compared with various others examined; none of whom express the belief that this cargo, stowed in bulk, could have reached the port of destination uninjured. ”

“ On the foregoing issue the district court made an interlocutory decree, declaring that 'the libellant recover in this action against the ship, the value of the potatoes at Hamburg at the time they were laden on board, together with charges and expenses, unless it be proved by the claimants that they were not then in a good, sound condition ”