1. Shipping — Loss of Cargo — TJnseaworthiness.

The sinking ot' a barge, with her cargo, six hours after starting on a voyage, having been towed in smooth water during that time, cannot be attributed to a “peril of the sea,” which has reference to such extraordinary perils as cannot be guarded against by the ordinary, exertions of human skill and prudence, but must be presumed to have resulted from unseaworthiness at the beginning of the voyage.

'2. Same — Contract of Carriage — Bill of Lading.

Where goods were delivered to and laden upon a vessel for shipment, and a receipt given therefor, under a written contract for tlieir carriage between the shipper and carrier, the terms of such contract cannot be changed, and new conditions and limitations favorable to the carrier added, by a bill of lading subsequently delivered by it to the shipper, and accepted by him without reading, unless it is shown that his attention was called to such changes, so that he may be presumed to have assented thereto.

3. Same — Loss of Goods in Shipment — Measure of Damages.

The measure of damages for goods lost In shipment, on which the freight had been prepaid, is their market value at tlie place of destination at the time when they should have been delivered, with interest from that date, and, in the absence of proof of such value, it will be presumed to have been their value at the place of shipment, with the freight added.

4. Same — Condition of Liability — Time for Presenting Claim.

A carrier of goods has the right to provide by contract that any claim for damages on account of loss or injury to the goods in shipment shall be presented within a reasonable time therein iixed, as a condition iirecedont to the right to maintain an action thereon, and a provision, of a bill of lading requiring sueb presentation within 10 days after the shipper has notice of the loss or injury is reasonable, and will be enforced.

-5. Same — Bill of LAdinq — Limitation of Liability for Unseaworthiness.

Under a provision of a bill of lading for goods to be carried by water, limiting the warranty of seaworthiness of the vessels to the exercise of reasonable efforts by the carrier to make them seaworthy, such carrier is not liable for the loss of the goods, through the unseaworthiness of a barge which it had built, where it exercised reasonable care in the selection of the materials, and the designer and workmen by whom it was built.