Appeal from District Court of the United States for the First Division of the Southern Division of the Northern District of California; Robert S. Bean, Judge.

Suit in. admiralty by the Compagnie Maritime Francaise, owner o^ the French bark Due D’Aumale, against Hermann L. E. Meyer, George H. C. Meyer, Hermann L. E. Meyer, Jr., J. W. Wilson, and John M. Quaile, partners under the style of Meyer, Wilson & Co., and cross-libel against the vessel. ' Decree for respondents on cross-libel, and libelant appeals.

The French bark Due d’Aumale was chartered by the appellees to carry a cargo of coke and pig iron from Rotterdam to San Francisco. On September 19, 1907, she left Rotterdam, and was towed to Brest, and thence on September 24th she proceeded on her voyage. Five days later she encountered squally weather, and on the 29th 23 centimeters of water were found in her hold, and thereafter water continued to come in at the rate of one centimeter an hour, necessitating pumping 20 minutes each morning and evening. The vessel did not put into a port for repairs, hut continued on her voyage. On November 22d, when she had arrived at 49° 37’ south latitude, and 66° 21' west longitude, and in the neighborhood of Cape Horn, she encountered stormy weather, and a high sea, which caused her to roll heavily. The leak increased until there were 1 meter and 65 centimeters of water in the hold. The master then made for the Falkland Islands, where, on November 25, the ship was beached at Roy Cove. There she remained aground until February 13, 1908, having 14 feet of water, in her hold. She was finally towed to Port Stanley, where she remained until .April 5, 1908, and thence she proceeded under her own sail to Montevideo, and thence to Buenos Ayres, where she arrived on May 5th. There the cargo was discharged, and the ship was placed in dry dock for repairs. It was found that one rivet was gone from her bottom, and several other rivets were loose and leaking; that cement was broken from the butt ends of several plates, and some plates were bent. On July 18, 1908, the vessel sailed with her cargo for San Francisco, where she arrived November -19, 1908, with her cargo badly damaged. There , the owners sued the appellees for the freight, and the appellees libeled the ship on a claim for damages to the cargo. The two suits were consolidated, and tried as one. The court below found that the vessel was unseaworthy at the commencement of the voyage, either because of a defective hull, or the improper stowage of her cargo, or both, and a decree was entered in favor of the appellees for the sum of 82,242.72 and costs.