3. Shipping (§ 332*) — Liability of Vessel foe Damage , to Cargo — Actions —Burden of Proof.

With respect to the liability of a common carrier for loss or damage to goods, while in his possession, the question as to the1 burden of proof is not one of pleading but of primary liability, and where goods were received by a vessel in good condition, but delivered in a damaged condition, the ship has the burden of proof to show that the injury was due to some cause within the exceptions of the 'bill of lading to avoid liability although the libel may allege a specific ground of negligence.

[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 481; Dec. Dig. § 332.*]

.2. Shipping (§ 132*) — Liability of Vessel foe Damage to Cargo — Actions —Evidence.

The fact alone that damage to cargo was caused by sea water, without any evidence as to how the water entered the ship, is not sufficient to relieve the vessel from liability on the ground that the damage resulted from sea perils within an exception in the bill of lading, nor is it sufficient to show, in addition, that the ship encountered stormy weather on the voyage, which was no worse than should have been anticipated.

LEd. Note.' — For other cases, see Shipping, Cent. Dig. § 484; Dee. Dig. § 132.*]

3. Shipping (§ 321*) — Charters—“Seaworthiness” and Fitness of Vessel.

A warranty of seaworthiness in a charter party is absolute and not conditional, and includes a warranty of proper stowage for the voyage.

[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 449, 450; Dec. Dig. § 121.*

Fgr other definitions, see Words and Phrases, vol. 7, pp. C362--6365; vol. 8, p. 7798.

Implied warranty of seaworthiness, see notes to The Carib Prince, 15 C. C. A. 388; Neilson v. Coal, Cement & Supply Co., 60 C. C. A. 179.]

4. Shipping (§ 132*) — Liability op Vessel por - Damage to Cargo — Seaworthiness-Improper Stowage.

Evidence considered in a suit against a vessel for damage to cargo and held to establish the allegation of libelant that she was unseaworthy by reason of improper stowage.

[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 484; Dec. Dig. § 132.*]