1. SHIPPING (§ 140 *)-CONTRACT— CONSTRUCTION — LlBEUANT’S RISK.

Where a contract for the shipment of flour provided that, in consideration of a reduced freight rate, the flour was to be carried in open barges at libelant’s risk, such provision did not relieve respondent from liability for loss and injury to a part of the cargo, resulting from respondent’s negligent failure, for 10 hours after discovering that the barge on which the flour was being loaded was in a leaking condition, to take steps to save the cargo from injury.

[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 493; Dec. Dig. § 140.*]

2. Shipping (§ 123*) — Injury to and Loss or Cargo — Bad Stowage.

The rule that a ship and its owners are exempt from liability for damages by bad stowage performed by stevedores selected by the owner of the cargo does not apply, where the loss was not caused by bad stowage or mischievous acts in handling the cargo, but by respondent’s negligent failure to safeguard the same after it had been placed aboard and stowed.

[Ed. Note. — For other eases, see Shipping, Cent. Dig. § 454; Dec. Dig. § 123*

Liabilities of vessel owners for loss or injury from improper stowage, see note to The Gualala, 102 G. C. A. 553.]

3. Shipping (§ 120*) — Injury to Cargo — Negligence.

Respondent contracted to transport flour for libelant in open barges and to load the same, but at libelant’s request employed a warehouse company to do the loading. After a barge had' been partly loaded, and while it was lying unattended, one end grounded at night at low tide, causing seams to open and the barge to leak. This was promptly discovered, and an unsuccessful attempt made to pump out the barge; but no effort was made for 16 hours to save or safeguard the flour that had been loaded, after which the barge sank, causing loss and injury to the flour. Held, that respondent, having no other representative in control of the barge, was liable for the negligence of the servants of the warehouse company in failing to exercise ordinary care to preserve the flour while in its custody for transportation.

[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 440; Dec. Dig. § 120.*]