The Carlos

The deck of the Carlos was chartered for the carriage of creosoted piles from Puget Sound to San Pedro, and 560 piles were taken on board. Of these only 228 were delivered, the others having been lost overboard. This action is to recover tire value of 332 piles not delivered.

[1] Claimants’ first contention is that the piles were carried at the owner’s- risk. It is claimed in this connection that the provisions of a charter adopted by the Shipowners’ Association are imported into the present one by the use in the latter of the words “all other usual terms and conditions.” The provision of the Shipowners’ Association charter contended for is the following:

This provision is manifestly one for the protection of the owners where the'whole ship is chartered to a third party, and is a limitation upon the right of such third party to carry a deck load, except at the shipper’s risk. The present charter is directly from the owner to the shipper of the deck space alone, and the provision in the Shipowners’ Association charter, “vessel to be permitted to carry her usual deck load,” is neither necessary nor appropriate to give effect to the present one, which is in the following form:

As…