George

By the Court,

Plaintiff was holder of a ticket *364 which entitled him to the occupancy of “ Settee A. of Saloon— “ Berth No. 9,” for the “ first voyage of the steamer Columbus, “ from Panama in Eew Grenada to San Francisco.” Said voyage commenced on the sixteenth day of May, 1850. It was shown on the part of the plaintiff, that he embarked on the Columbus on the day named, bnt that the ship was unprovided that trip with any such settee as described in the ticket, or with any other settee in that part of the vessel—that in consequence of this deficiency, and the crowded condition of the ship, she being provided with accommodation for but. three hundred passengers, and there being on board about four hundred, he was obliged to sleep on deck, exposed to the weather, which at the commencement of the voyage was very inclement—owing to which his health suffered materially, and to such an extent as to render him incapable of active employment for some time after his arrival in San Francisco—that lie was not supplied with such food as it is usual to furnish passengers of his class—and that owing to carelessness and neglect of duty on the part of the officers of said steamer, his baggage…