The Babin Chevaye

This is a libel to recover damages to cargo sustained at sea while in transit upon the Erench barque Babin Chevaye from Antwerp, Belgium, to Portland, Or. The cause of damage relied upon is unseaworthiness of the ship at the time of entering upon her voyage in three particulars: Improper stowage, insufficient caulking of the main deck, and structural deficiency, in that two small hatches pierced the main deck, which could not be and were not battened down. The District Court found against libelants, and they appeal.

Some question is made relative to the sufficiency of the libel as to *967 whether it definitely sets forth all these causes of injury to the cargo', and especially the latter. An amended libel was filed, and it is objected that this is irregularly in the record. However this may be, we will waive all such objections, and pass at once to an investigation of all the alleged causes of injury now insisted upon.

The Babin Chevaye is an iron ship built in 1901. She set sail from Antwerp P'ebruary 16, 1909, by way of Cape of Good Hope, and arrived at Portland August 23d. The cargo consisted of steel, pig iron, cement, coke, coal, talcum, ocher, Venetian red, and other…