The Marechal Suchet

DEHAVEN, Distinct

Judge. This is a libel against the .British ship Marechal Suchet for damages received by a part of- her-^cargo on a voyage made by that vessel from Liverpool to San Francisco, via Cape Horn. The defense is that the damage was 'occasioned by perils of the sea, and upon the evidence the only question for decision is whether or not the vessel was seaworthy when she started upon the voyage. The burden of proof that the vessel was seaworthy, and that the damage sustained by her cargo was occasioned by perils of the sea, is upon the carrier. Seaworthiness is a question of fact, and…