Hart v. North German Lloyd Steamship Co.

Giegerich, J. (concurring).

I concur in the conclusion reached by Mr. Justice Scott, that the evidence fails to show that the plaintiff’s assignor was guilty of any negligence which contributed to the loss.

The mere fact that the plaintiff’s assignor knew that pedlars were in the habit of roaming at will over the steamer while it was lying in the harbor of Naples did not require him, in the absence of knowledge of their character^ to lock the door of his stateroom, or otherwise take steps to protect his property from theft. On the contrary, it was the duty of the defendant to see to it that the…