Samuel Nelson

“ The weight of the evidence also seems to be, that the presence of salt as part of the cargo of the ship does not prodnce humidity or dampness in the atmosphere; but tends rather to diminish it by attracting and absorbing the humidity; and that unless in contact with the salt, or exposed to the drain from it by bad stowage, no injury would accrue to the other goods. ”

“ All vessels are subject to dampness in the hold, and especially vessels laden at Liverpool, which is a damp and wet place. 'Liverpool is very damp.' 'Ships, with or without cargo, are always damp, more or less, especially in summer, on a voyage from Liverpool to Charleston.' 'The heat of the ocean and other causes do produce dampness,' &c. ”

“ In the case at bar it was, on the other hand, affirmatively shown that there was a quantity of salt shipped on board the vessel, and that such a cargo has a tendency to produce dampness, which is calculated to damage goods of the character of those shipped by libellants. Story on Bailm., § 509. For an injury thus resulting, the carrier is, unquestionably, responsible. The cause of the injury is not one of those for which he can claim exemption from responsibility. ”

“ The evidence furnished by the bill of lading being, in this case, corroborated by the positive testimony of witnesses, it can scarcely be that any doubt can exist upon the questions of law which grow out of the facts. The carrier can only exonerate himself from the responsibility thus prim a facie established, by showing affirmatively his exemption. He must either disprove the evidence upon which he is charged; the character of the goods when shipped ”

“ The practice of instituting a suit in the name of one person, for the benefit of another, to whom the right has been transferred, or of making one person libellant as the representative of many others, does not obtain in the admiralty,' &c. ”

“ Memorandum at foot of bill lading,-'contents unknown.'
The goods in this case were delivered apparently in the same condition as received.
5. The respondents are not liable for the two cases stowed near the salt, the injury to which was of the same kind and degree and arose from the same cause, as existed in regard to the others.
6. That the libellants are not entitled to maintain this process, having no property or interest in the goods, and not being parties to the contract.
'The party really entitled to the relief should always be made the libellant. ”