Scottish Nav. Co. v. Munson S. S. Line

(after stating the facts as above). Consideration of the apostles does not lead us to add much to the opinion of Ward, Circuit Judge, in the court below. The principal question is wholly of fact, viz.: Why did the mast break?

The original libel asserts the charterers, while “shifting a heavy log,” did the work so badly as to break the mast; i. e., impose undue strain thereupon. There is no doubt that the immediate cause (that nearest in point of time) for the breaking was the catching of one log against another, as the charterers’ stevedores were tiering or stowing in the hold the logs they…