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![handle is hein.slavery/ussccases0469 and id is 1 raw text is: JEROME V. MCCARTER.
Syllabus.
Ignorance and unskilfulness being proved, the attempt to
set up inevitable accident is vain, as such a defence can
never be sustained even in a collision case, unless it appears
that neither party is in fault. Loss or damage occasioned
by such a disaster, where it appears that those in charge of
the deck were incompetent to perform the required duty,
either from inexperience or want of knowledge of the route,
or from negligence or inattention, cannot be regarded as
being the result of natural causes, nor as falling within the
exception contained in the bill of lading or contract of ship-
ment.
Different definitions are given of what is called inevitable
accident, on account of the different circumstances attending
the disaster, but there is no decided case which will support
such a defence where it appears that the disaster was occa-
sioned by the incompetency, unskilfulness, or negligence of
the master or pilot in charge of the deck.*
Service was not made in this case upon the barge, and of,
course the decree must be founded upon the fault of the
steamer and those who were responsible for the unskilful-
ness and bad judgment exercised in her navigation.
DECREE REVERSED with costs, and the cause remanded
with directions to enter a decree for the libellants and for
further proceedings in conformity
To THE OPINION OF THE COURT.
JEROME V. MCARTER.
1. The amount of a supersedeas bond as well as the sufficiency of the security
are matters to be determined by the judge below, under the provisions
of the twenty-ninth rule.
2. The discretion thus exercised by him will not be interfered with by this
court.
* The Morning Light, 2 Wallace, 660; Union Steamship Co. v. New
York Steamship Co., 24 Howard, 313.
VOL. =. 2
Oct. 1874.]](ViewImageLocal?handle=hein.slavery/ussccases0469&div=1&collection=&method=preview&ext=.png&size=3)