The Dolbardorn Castle

This is a libel for damage to a cargo consisting of cement and steel plates, shipped from Rotterdam to San Francisco. The libelant claims that the damage was the result of sweat occasioned by a quantity of coke constituting a portion of the cargo. The-respondent claims that the damage was caused by sea water entering through seams in the deck and through the ventilator during extraordinarily heavy weather encountered on the voyage.

The vessel was under charter to libelant, who selected the whole cargo,' including the coke, so that no negligence may be imputed to the ship from the fact itself that coke 'formed a part of the cargo. The bill of lading provides that the cargo shall be delivered in like good order and condition as when received, subject to certain exceptions, among which are the “act of God, and all and every danger and accidents of the seas.” It further provides that the ship is not liable “for damage by heat, sweat, or rust, unless occasioned by improper stowage.” The damage complained of was the caking of the cement, and the rusting and pitting of the steel plates. This damage, both to the cement and to the steel plates, was occasioned by some form of moisture. If…