The Iowa

• Decision Date: 26 May 1892
• Citation: 50 F. 561
• Parties: THE IOWA. v. THE IOWA. MONROE
• Court: U.S. District Court — District of Massachusetts

50 F. 561

THE IOWA.

MONROE v. THE IOWA.

United States District Court, D. Massachusetts.

May 26, 1892

Proctor & Tappan and Payson E. Tucker, for libelant.

J. D Ball, for claimant.

NELSON District Judge.

This is a libel in admiralty filed by Albert N. Monroe, an exporter of cattle, against the British steamship Iowa, of the Warren line of transatlantic steamers, to recover for damage to cattle on a voyage from Boston to Liverpool. The cattle were shipped under a special contract in writing between the steamship company and one Hathaway, made in Boston, and assigned in part by Hathaway to Monroe, the provisions of which were expressly assented to by Monroe by a memorandum indorsed on the instrument signed by his agent. The material clauses in the contract relative to the questions now before the court are the following:

'Ship to furnish fittings.' 'The fittings to be such as are used on board the steamships of our line, and you (the shipper) are to assume all risks connected with said fittings. It is understood that you approve the fittings and ventilation of the steamship herein referred to, and that you will not require any change in or addition to said fittings and ventilation. Neither the steamship, her agents nor her owners, are to be accountable for the dangers of the seas, or accidents to fittings, water tanks, machinery, or condensing apparatus; nor for any other accidents; nor for any action which the authorities in Europe or America may take concerning the animals, no matter what may be the cause of consequence of such action; nor for any mortality of or injury to the animals for any cause; nor for delay in sailing caused by long passage, necessary repairs, or any circumstances beyond our control. ' 'All questions arising on this contract shall be decided according to British law.'

The contract also prescribed a form of bill of lading to be issued for the cattle, containing similar exemptions from liability on account of the fittings. The steamship sailed from Boston on the afternoon of Tuesday April 12, 1887, having on board in all 347 head of cattle 232 of which were the property of the libelant, and 115 belonged to Hathaway. Of the libelant's cattle, 164 were stowed on the forward main deck. The test of his cattle, and all of Hathaway's, were stowed on the spar deck. The cattle on the main deck were confined in pens on each side of a passageway running fore and aft, each pen holding four animals, with cleats nailed to the deck to prevent their slipping.

On Wednesday morning the ship encountered a gale from N.E., with a beam sea on the port side, which caused the ship to lurch heavily to starboard. A part of the cargo was grain in bulk and during the gale this appears to have shifted to starboard, causing a considerable list on that side, and increasing the lurching. The consequence was that some of the pens on the starboard side of the main deck gave way, the stanchions and head boards...