Melville Fuller

“ In any aspect, the real point in controversy is, did the respondents so far sustain the burden of proof which was upon them as to render the probability that the cap and plate were in good condition and knocked off through extraordinary contingencies so strong as to overcome the inference that they were not in condition to withstand the stress to which on such a voyage it might reasonably have been expected they would have been subjected? If the determination of this question is left in doubt, that doubt must be resolved against them. ”

“ We do not understand from the findings that the severity of the weather encountered by the Morrison was anything more than was to be expected upon a voyage such as this down that coast and in the winter season, or that she was subjected to any greater danger than a vessel so heavily loaded, and, with a hard cargo, might have anticipated under the circumstances. The especial peril which seemed at one time to threaten her safety was directly attributable to the water taken aboard through the uncovered bilge-pump hole, which rose from 18 inches about 5 a. m. to 7 feet at about 9 a. ”

“ The examination which was made of the cap and plate, as set forth in the eleventh finding (viz. by a survey without the use of special tests, unless there is some appearance of defect) , is such as a reasonably prudent master or owner might be expected to give them in order to determine the seaworthiness of his vessel before beginning a voyage.'
'14. The wood to which the plate had been fastened looked white and sound. ”