The Dolbadarn Castle

The appellant brought a libel against the Dolbadarn Castle, to recover for damages to certain freight shipped at Rotterdam to be transported tb San Francisco. The libel alleged that in February, 1910, the appellant shipped on said bark in good order and condition, 2,023 sheets or steel plates, and 2,775 barrels of cement, and that the said goods were not delivered in like good order and condition, but were 'damaged while they were on board and in the custody of the bark. The claimant, the appellee herein, *839 alleged as an affirmative defense that the loss and damage referred to in the libel was caused solely and entirely by the force of the wind and waves and perils of the sea, which, notwithstanding that the bark was seaworthy and the goods were properly stowed, so injured and strained the vessel that the sea water was forced through her decks and into the cargo referred to, wetting and damaging the same, that the master and crew took every precaution for the protection of the cargo, and that the damage was caused by the act of God and without fault on their part, or insufficiency oh the part of the vessel. From a decree dismissing the libel, the libelant appeals.

[1] It is…