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This was a libel for damage to a shipment of steel bars such "as are commonly used for reinforcing purposes. The bars were 46 feet in length, tied into small bundles, and these in turn into larger bundles, weighing about a ton. The damage claimed by the shipper arose from the bending of the bars through the alleged negligence of the earner. On final hearing the court below found that the carrier was free from negligence and entered a decree of dismissal, from which the present appeal is prosecuted.

The question presented by the record is largely one of fact. The appellant offered in evidence the bill of lading which contained the common recital that the steel was received ( in apparent good order and condition. A witness for the appellant testified that he was present and observed the discharge of the cargo at Los Angeles for the period of two or three hours; that 20 or 25 bundles taken from one of the hatches were bent into the shape of a hairpin because of the manner in which the cargo was taken from the hold of the ship and placed on board the cars, and that he protested to some person in apparent authority, but without result. The testimony of this witness was corroborated in…